Kippers v Transport for New South Wales [2015] NSWCATAD 212

Kippers v Transport for New South Wales [2015] NSWCATAD 212

The applicant failed to provide a reasonable excuse for the delay in lodging the application out of time, and the evidence did not justify granting leave to proceed. Consequently, the Tribunal declined to extend the time for the application and refused leave.

Jurisdiction
Australia
Judgment Date
15 October 2015
Procedural Posture
Administrative Review / Application for Extension of Time
Outcome
Leave to proceed out of time refused
Legal Topics
['leave to Proceed Out of Time' 'extension of Time' 'reasonable Excuse for Delay']

Case Brief

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Procedural Posture

Administrative Review / Application for Extension of Time

  1. 1 ['Whether the applicant has provided a reasonable excuse for the delay in lodging the application' 'Whether leave to proceed out of time should be granted']

Ratio Decidendi

The applicant failed to provide a reasonable excuse for the delay in lodging the application out of time, and the evidence did not justify granting leave to proceed. Consequently, the Tribunal declined to extend the time for the application and refused leave.

Court Disposition

Leave to proceed out of time refused

Orders

  • ['Dispense with the requirement for the application to extend time to be in writing.' 'The Tribunal declines to extend time for the applicant to make his application.' 'Leave to proceed out of time is refused.']