Watiwat v Secretary, Department of Social Services [2021] FCA 1327

Watiwat v Secretary, Department of Social Services [2021] FCA 1327

The application for an extension of time should be refused because the draft grounds of appeal did not raise any proper question of law with any precision or merit. The proposed appeal had no reasonable prospects of success and it would not be in the interests of justice to grant an extension of time.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Application for Extension of Time to Appeal / Judgment on Application for Extension of Time
Outcome
Application for extension of time dismissed. Applicant to pay first respondent's costs.
Legal Topics
['extension of Time to Appeal' 'age Pension Entitlement' 'review of Administrative Appeals Tribunal Decision' 'appeal on Questions of Law']
['administrative Law'] ['extension of Time to Appeal' 'age Pension Entitlement' 'review of Administrative Appeals Tribunal Decision' 'appeal on Questions of Law']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether extension of time to appeal decision of Administrative Appeals Tribunal should be granted' 'Whether any question of law arises warranting an appeal']

Ratio Decidendi

The application for an extension of time should be refused because the draft grounds of appeal did not raise any proper question of law with any precision or merit. The proposed appeal had no reasonable prospects of success and it would not be in the interests of justice to grant an extension of time.

Court Disposition

Application for extension of time dismissed. Applicant to pay first respondent's costs.

Orders

  • ['The application for an extension of time within which to appeal the decision of the Administrative Appeals Tribunal dated 24 November 2020 is dismissed.' "The applicant is to pay the first respondent's costs as agreed or assessed."]