RULING
This is an application under rule 4 of the Rules of this court for an order extending time within which to file and serve a Notice of Appeal and thereafter to file and serve a record of appeal. There is an alternative prayer that this court deems that a Notice of Appeal which is dated 16th October, 1996, and filed in court to the superior court on 23rd October, 1996, was properly filed.
Judgment intended to be appealed against was delivered on 2nd October, 1996. By reason of rule 74 of the Rules of this court, an aggrieved party who wished to appeal against the decision was required to file a Notice of Appeal within 14 days from the date of the judgment. In this matter the applicant's notice of appeal though dated 16th October, 1996 was not filed in court until 23rd October, 1996. It was therefore filed out of time without an appropriate order extending the time within which to file it. For that reason I am unable to deem it as properly filed.
There is an earlier notice which is d…