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In fairness this report seriously misrepresents the position regarding Mitchell within the judiciary. There are clearly 2 camps in the judiciary - those who support the strict Mitchell approach and those who do not. Nelson & Ors v Circle Thirdy Three Housing (2014) CofA is a great case for anyone in default. The Court of Appeal did not even mention Mitchell but allowed relief. Also Summit Navigation V Generalia Romanis Leggat J hammered a party in costs who relied upon Mitchell to unreasonably opposed an application for relief where a stay had been imposed when a party failed to provide security a day late.

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