PARTRIDGE v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION [1993] NSWCA 206

PARTRIDGE v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION [1993] NSWCA 206

The motion for extension/postponement is refused because it would unjustifiably prolong uncertainty for the opponent, the applicant is not bereft of funds for paying the filing fee, and the sought discretion is questionable since others in difficult circumstances are not similarly excused.

Parties
Claimant: Donna Partridge; Opponent: New South Wales Insurance Ministerial Corporation
Jurisdiction
Australia
Judgment Date
13 December 1993
Procedural Posture
Motion / Application for Extension of Time for Filing Appeal
Outcome
Motion dismissed with costs.
Legal Topics
Filing Fees, Appeal Rights, Extension of Time, Delegated Legislation
Practice and Procedure Administrative Law Filing Fees Appeal Rights Extension of Time Delegated Legislation

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Parties

Donna Partridge

Claimant

New South Wales Insurance Ministerial Corporation

Opponent

Procedural Posture

Motion / Application for Extension of Time for Filing Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time for filing an appeal and postponement of payment of filing fees.
  2. 2 Whether the level of filing fees constitutes an unlawful impediment to right of appeal.

Ratio Decidendi

The motion for extension/postponement is refused because it would unjustifiably prolong uncertainty for the opponent, the applicant is not bereft of funds for paying the filing fee, and the sought discretion is questionable since others in difficult circumstances are not similarly excused.

Court Disposition

Motion dismissed with costs.

Orders

  • Motion dismissed with costs.