8. If I failed to observe a deadline imposed by the unless order and I believe I have proper reason for that failure, can I ask for an extension of deadline?

8. If I failed to observe a deadline imposed by the unless order and I believe I have proper reason for that failure, can I ask for an extension of deadline? 

A party may ask for an extension of time even after failing to observe a deadline imposed by an unless order. However, because the sanction in an unless order is generally self-executing, the position is more complicated than an ordinary application for an extension of time. 

Once the deadline in an unless order has passed without compliance, the sanction stated in the order (such as striking out a claim or defence) takes effect automatically and immediately without the need for a further court order. A party cannot usually avoid that consequence simply by making a standard time extension application after the deadline has expired. 

In such circumstances, the appropriate course is usually for the defaulting party to apply for relief from sanctions, together with a retrospective extension of time. The application should be made within 14 days of the failure (Order 2, rule 4 of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H)). 

The court will then consider whether relief should be granted. In doing so, it will consider all the circumstances, including the reason for the default, the seriousness of the breach, whether the application was made promptly, and whether the party made a genuine effort to comply with the unless order. A good explanation will generally need to show that the failure was caused by circumstances beyond the party’s control, rather than by a deliberate disregard of the court’s order. 

If the evidence shows that the party acted in good faith, made a real attempt to comply, and was prevented from doing so by genuine external circumstances, the court may be more willing to grant relief. On the other hand, if the failure appears intentional, tactical, or due to simple neglect, the court may refuse relief. 

Even where relief is granted, the court may impose stringent conditions. These may include an order that the defaulting party pay the other side’s costs caused by the delay, comply with a new strict timetable, or provide security, such as payment of a sum into court.