Form 64F - Application to have dismissal of application for leave set aside or varied

If a civil application for leave to appeal has been dismissed by the Court of Appeal without an oral hearing, and without the Court determining that it was totally without merit, the applicant may apply for the dismissal to be set aside or varied at an oral hearing. To make that application, the applicant must file a Form 64F within 10 days after delivery of the order dismissing the application for leave to appeal.

There is no right to apply for the dismissal of an application for leave to appeal to be set aside or varied if there was an oral hearing, or where there was no oral hearing and the Court determined that it was totally without merit.