Peck v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 810

Peck v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 810

No satisfactory explanation was provided for the delay, and the applicant's proposed grounds of appeal were bound to fail due to lack of legal capacity and valid revocation of power of attorney; thus, application for extension of time was dismissed.

Parties
Applicant: Andrew James Peck; First Respondent: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs; Second Respondent: The Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time dismissed
Legal Topics
Extension of Time for Appeals, Jurisdiction of Tribunals, Powers of Attorney, Guardianship and Administration
Administrative Law Social Security Law Extension of Time for Appeals Jurisdiction of Tribunals Powers of Attorney Guardianship and Administration

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Parties

Andrew James Peck

Applicant

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs

First Respondent

The Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time should be granted for appeal from two Tribunal decisions
  2. 2 Whether applicant or his wife had standing to bring Tribunal proceedings given appointment of an administrator
  3. 3 Effect of revocation of Enduring Power of Attorney by Public Trustee

Ratio Decidendi

No satisfactory explanation was provided for the delay, and the applicant's proposed grounds of appeal were bound to fail due to lack of legal capacity and valid revocation of power of attorney; thus, application for extension of time was dismissed.

Court Disposition

Application for extension of time dismissed

Orders

  • Secretary, Department of Families, Housing, Community Services and Indigenous Affairs joined as respondent
  • Application for extension of time within which to appeal dismissed