Gopal Sri Ram JCA:

[1] Two motions came before us. One of them (encl. 11A) was by the appellant. I will refer to it as the appellant's application. In this application the appellant sought to obtain an order to validate the notice of appeal it had filed on 15 June 2006 or alternatively for an extension of time to file a notice of appeal. The other motion was by the respondent (encl. 7A). I will refer to it as the respondent's application. It sought to strike out the appeal. The facts relevant to these applications are as follows.

[2] The parties to this litigation entered into a contract. The appellant terminated that contract. The respondent brought an action for breach of contract. There was a trial. The judge who tried the case found for the respondent. He ordered damages to be assessed. His decision was handed down on 4 February 2005. The appellant then filed its notice of appeal on 17 February 2005. But it never served it on the respondent. Later, on 26 April 2005 it sent a notice of withdrawal of the same date to the respondent's solicitors for their signature. The respondent's solicitors signed it and returned it to the appellant's solicitors. The notice of withdraw