The principles to be applied in determining an application for an extension of time within which to commence an appeal are not new. They were recently succinctly reiterated by Scott C.J.M. in chambers in Hunter v. Hunter, [2000] M.J. 521 where at paragraphs 6 and 7 he wrote: … In essence, the applicant for an extension of time must demonstrate three things: (1) that there is an arguable ground of appeal; (2) that there was a continuous intention to appeal during the period when the appeal should have been commenced; and (3) that it is right and just in all of the circumstances that time for commencing the appeal be extended. Pertinent to the second and third grounds is the explanation for the delay, and whether the applicant has proceeded with reasonable promptness once becoming aware of the existence of the judgment sought to be appealed.
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