Duff, R. & Ors v. Freijah, F.M. & Ors [1982] FCA 191

Duff, R. & Ors v. Freijah, F.M. & Ors [1982] FCA 191

Although the Court has power to extend time for lodging applications under s11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 even after expiry of the prescribed period, the applicants have not satisfactorily explained the long delay, and the Court declines to exercise its discretion to allow further time.

Parties
Applicants: Ross Duff and Others; Respondents: Frederick H. Freijah and Others
Jurisdiction
Australia
Judgment Date
11 August 1982
Procedural Posture
Application for Order of Review / Motion for Extension of Time and Objection to Competency
Outcome
Motion for extension of time refused.
Legal Topics
Extension of Time, Exercise of Discretion, Procedural Requirements Under Administrative Decisions (judicial Review) Act 1977
Administrative Law Extension of Time Exercise of Discretion Procedural Requirements Under Administrative Decisions (judicial Review) Act 1977

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Parties

Ross Duff and Others

Applicants

Frederick H. Freijah and Others

Respondents

Procedural Posture

Application for Order of Review / Motion for Extension of Time and Objection to Competency

Legal Issues

  1. 1 Whether the Court has power to extend the time for lodging an application for an order of review after the prescribed period has expired
  2. 2 Whether the Court should exercise its discretion to allow further time for lodging the applications

Ratio Decidendi

Although the Court has power to extend time for lodging applications under s11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 even after expiry of the prescribed period, the applicants have not satisfactorily explained the long delay, and the Court declines to exercise its discretion to allow further time.

Court Disposition

Motion for extension of time refused.

Orders

  • The hearing of the objection to competency is adjourned to a date to be fixed.
  • The motion for further time within which to lodge the application is refused.