Hanna v Commonwealth Director of Public Prosecutions [2016] NSWSC 325
The delay of nine years in seeking judicial review was not sufficiently explained, and allowing the application would cause severe prejudice as most records are lost and relevant evidence unobtainable. The court refused the application for extension of time and dismissed the summons.
- Jurisdiction
- Australia
- Judgment Date
- 16 March 2016
- Procedural Posture
- Judicial Review Application / Judgment on Extension of Time
- Outcome
- Application refused; summons dismissed; costs ordered against applicant.
- Legal Topics
- ['extension of Time' 'judicial Review' 'procedural Fairness' 'jurisdictional Error']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Judicial Review Application / Judgment on Extension of Time
Legal Issues
- 1 ['Whether the applicant should be granted an extension of time to apply for judicial review of the Local Court decision.' 'Whether the delay is sufficiently explained and not prejudicial.' 'Whether jurisdictional error or denial of procedural fairness occurred in the Local Court proceedings.']
Ratio Decidendi
The delay of nine years in seeking judicial review was not sufficiently explained, and allowing the application would cause severe prejudice as most records are lost and relevant evidence unobtainable. The court refused the application for extension of time and dismissed the summons.
Court Disposition
Application refused; summons dismissed; costs ordered against applicant.
Orders
- ['Application for extension of time refused.' 'Summons dismissed.' 'Applicant to pay costs of the first defendant as agreed or assessed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment