Roderick, David James v Telstra Corp Ltd & Anor [1997] FCA 1449

Roderick, David James v Telstra Corp Ltd & Anor [1997] FCA 1449

The application for extension of time was refused because the delay was not satisfactorily explained, there were no real prospects of success in the underlying review, and potential prejudice from delay; particularly, the matters sought to be reviewed had already been conclusively determined in earlier proceedings, and the applicant's assertions did not amount to a material foundation for review.

Jurisdiction
Australia
Judgment Date
16 December 1997
Procedural Posture
Application for Judicial Review / Extension of Time Motion
Outcome
Application for extension of time refused
Legal Topics
['extension of Time for Judicial Review' 'exercise of Discretion' 'natural Justice in Administrative Review' 'employment Termination Review']
['administrative Law'] ['extension of Time for Judicial Review' 'exercise of Discretion' 'natural Justice in Administrative Review' 'employment Termination Review']

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Procedural Posture

Application for Judicial Review / Extension of Time Motion

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion to extend time for an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977.' 'Whether there were prospects of success for reviewing the respondent’s decision if time were extended.' 'Whether there was adequate explanation for delay.' 'Whether prejudice to the respondent is material to the discretion.']

Ratio Decidendi

The application for extension of time was refused because the delay was not satisfactorily explained, there were no real prospects of success in the underlying review, and potential prejudice from delay; particularly, the matters sought to be reviewed had already been conclusively determined in earlier proceedings, and the applicant's assertions did not amount to a material foundation for review.

Court Disposition

Application for extension of time refused

Orders

  • ['Application for extension of time within which to bring the application dated 9 October 1997 for judicial review under the Administrative Decisions (Judicial Review) Act 1977 refused']