Regan v Commonwealth of Australia [2001] FCA 1289

Regan v Commonwealth of Australia [2001] FCA 1289

The failure to make any application for extension of time during two years after the decision was not satisfactorily explained, and the applicant's election not to appeal should be binding; the arguable ground for appeal does not outweigh other considerations, therefore leave to appeal is refused.

Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Application for Leave to Appeal Out of Time / Determination of Application for Leave
Outcome
Application for leave to appeal refused
Legal Topics
['leave to Appeal' 'extension of Time' 'finality in Litigation' 'judicial Review' 'disciplinary Penalty']
['practice and Procedure' 'administrative Law'] ['leave to Appeal' 'extension of Time' 'finality in Litigation' 'judicial Review' 'disciplinary Penalty']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal Out of Time / Determination of Application for Leave

Legal Issues

  1. 1 ['Whether leave to appeal out of time should be granted' 'Whether failure to seek extension within two years was satisfactorily explained' "Whether the applicant's election not to appeal should be binding"]

Ratio Decidendi

The failure to make any application for extension of time during two years after the decision was not satisfactorily explained, and the applicant's election not to appeal should be binding; the arguable ground for appeal does not outweigh other considerations, therefore leave to appeal is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • ['The application for leave to appeal be refused.' "The applicant pay the first respondent's costs of the application."]