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
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Application for Extension of Time
Legal Issues
- 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.']
Full Case Text
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