In 2009, the Appellant sought to appeal against the refusal of the First Instant Division to extend time to file an appeal against a taxed bill and the decision of a single Judge to refuse the extension. That application was itself filed out of time thus, the memorandum and record of appeal could not be served on the Respondents.

On 2nd June 2010, the appeal to the Appellate Division for extension of time to serve the memorandum and record of appeal was heard and granted. This appeal sought the review of the exercise of discretion by a single Judge of the First Instant Division.