James Foong J:

This is an application (enclosure 51) by the plaintiff for inter alia the following orders:

(a)that the plaintiff's be granted enlargement of time to file notice of appeal against the decision of the Senior Assistant Registrar granted against the plaintiffs' on 30 June 1992 and/ or, (b)that the notice of appeal dated 8 July 1992 filed by the plaintiff against the said SAR's decision be treated as filed within time.

The facts of this case are as follows. On 30 June 1992, the Senior Assistant Registrar dismissed the plaintiff's application to enter final judgment against the defendants. The dismissal was apparently on a preliminary issue taken by the defendants. The plaintiff's solicitor then filed a notice of appeal to the Judge on 8 July 1992. Under O. 56 r. 1(3) of the High Court Rules, the time limit to file this appeal must be within 5 days from date of the SAR's decision. By filing the notice of appeal on 8 July 1992, the plaintiff were 2 days out of time. This situation remain as it was for almost 1 1/2 years until the plaintiff's new solicitors realised that an application should be made for enlargement of time since the notice of appeal was filed ou