Pham v Comcare [2003] FCA 117

Pham v Comcare [2003] FCA 117

The applicant failed to identify any question of law as required by s 44 of the Administrative Appeals Tribunal Act 1975, and therefore there was no prospect of success on the merits of the appeal. Accordingly, granting an extension of time would be futile, and the application must be dismissed.

Parties
Applicant: Charles Pham; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
21 February 2003
Procedural Posture
Application for Extension of Time to Appeal From a Decision of the Administrative Appeals Tribunal / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Extension of Time to Appeal, Appeals From Administrative Appeals Tribunal, Compensation for Employment Related Injury
Administrative Law Compensation Law Extension of Time to Appeal Appeals From Administrative Appeals Tribunal Compensation for Employment Related Injury

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Parties

Charles Pham

Applicant

Comcare

Respondent

Procedural Posture

Application for Extension of Time to Appeal From a Decision of the Administrative Appeals Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the applicant has identified a question of law in respect of the Tribunal's decision
  2. 2 Whether there are grounds for granting an extension of time under s 44(2B) of the Administrative Appeals Tribunal Act 1975

Ratio Decidendi

The applicant failed to identify any question of law as required by s 44 of the Administrative Appeals Tribunal Act 1975, and therefore there was no prospect of success on the merits of the appeal. Accordingly, granting an extension of time would be futile, and the application must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs to be taxed in default of agreement.