Ogawa v Australian Information Commissioner [2013] FCA 866

Ogawa v Australian Information Commissioner [2013] FCA 866

The Court granted a further short extension of time, namely until 2 September 2013, for the applicant to file an application for extension of time. The Court considered that, despite procedural defects and the applicant’s medical circumstances, the interests of justice supported a short further period rather than the longer extension sought. The absence of sworn affidavits and failure to appear weighed against the applicant, but her engagement in preparing materials and stated impairment justified affording the opportunity sought.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Interlocutory Application / Application for Extension of Time
Outcome
Extension of time granted to file application for extension of time
Legal Topics
['extension of Time' 'judicial Review' 'procedural Fairness']
['administrative Law' 'practice and Procedure'] ['extension of Time' 'judicial Review' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application / Application for Extension of Time

Legal Issues

  1. 1 ['Whether applicant should be granted an extension of time to file application for extension of time for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B(1) of the Judiciary Act 1903 (Cth)' "Whether absence of sworn affidavit evidence and applicant's non-appearance affect entitlement to extension" 'Whether applicant has provided a proper explanation for delay']

Ratio Decidendi

The Court granted a further short extension of time, namely until 2 September 2013, for the applicant to file an application for extension of time. The Court considered that, despite procedural defects and the applicant’s medical circumstances, the interests of justice supported a short further period rather than the longer extension sought. The absence of sworn affidavits and failure to appear weighed against the applicant, but her engagement in preparing materials and stated impairment justified affording the opportunity sought.

Court Disposition

Extension of time granted to file application for extension of time

Orders

  • ['The time for filing the application contemplated by Order 3 of the Orders of 25 July 2013, namely 22 August 2013, is extended to Monday, 2 September 2013.' "The costs of and incidental to the applicant's interlocutory application are reserved."]