Turner v Corrective Services NSW [2014] NSWCATAD 40
The applicant did not provide a reasonable explanation for the delay in lodging the application for review; the explanations related to access issues in prison were either unsubstantiated or did not justify the entire period of delay. Consequently, the request for extension of time was refused, and the application for review was dismissed.
- Parties
- Applicant: Donovan Turner; Respondent: Corrective Services NSW
- Jurisdiction
- Australia
- Judgment Date
- 31 March 2014
- Procedural Posture
- Application for Review (administrative) / Application for Extension of Time; Interlocutory Determination
- Outcome
- Application for extension of time refused; application for review dismissed
- Legal Topics
- Extension of Time, Access to Government Information, Tribunal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Donovan Turner
Applicant
Corrective Services NSW
Respondent
Procedural Posture
Application for Review (administrative) / Application for Extension of Time; Interlocutory Determination
Legal Issues
- 1 Whether there was a reasonable explanation for the delay in lodging the application for review
- 2 Whether the time for filing the application for review should be extended
Ratio Decidendi
The applicant did not provide a reasonable explanation for the delay in lodging the application for review; the explanations related to access issues in prison were either unsubstantiated or did not justify the entire period of delay. Consequently, the request for extension of time was refused, and the application for review was dismissed.
Court Disposition
Application for extension of time refused; application for review dismissed
Orders
- The time for the filing of the application for review is not extended.
- The application for review is dismissed.
Full Case Text
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