Dunn v Repatriation Commission [2012] FCA 87

Dunn v Repatriation Commission [2012] FCA 87

Because the evidence established a proper basis for the extension of time and the respondent neither opposed nor consented, the time for the applicant to institute an appeal under s 44(2A) of the AAT Act was extended to and including 28 February 2012.

Jurisdiction
Australia
Judgment Date
07 February 2012
Procedural Posture
Application for Extension of Time to Institute an Appeal Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth) / Interlocutory Application
Outcome
Application granted.
Legal Topics
['extension of Time' 'appeal From Administrative Appeals Tribunal' 'costs of Application']
['administrative Law'] ['extension of Time' 'appeal From Administrative Appeals Tribunal' 'costs of Application']

Case Brief

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Procedural Posture

Application for Extension of Time to Institute an Appeal Under S 44(2 A) of the Administrative Appeals Tribunal Act 1975 (cth) / Interlocutory Application

Legal Issues

  1. 1 ['Whether the time in which the applicant may institute an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) should be extended to and including 28 February 2012.' 'What order should be made as to the costs of the extension of time application.']

Ratio Decidendi

Because the evidence established a proper basis for the extension of time and the respondent neither opposed nor consented, the time for the applicant to institute an appeal under s 44(2A) of the AAT Act was extended to and including 28 February 2012.

Court Disposition

Application granted.

Orders

  • ['The time in which the applicant may institute an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) be extended to and including 28 February 2012.' 'The costs of the application be costs in any appeal instituted by the applicant.']