Parker v Comcare [2002] FCA 727

Parker v Comcare [2002] FCA 727

The only question for the Court was whether the Tribunal erred in law in declining to grant an extension of time due to the age of the claim and unavailability of records. There was no error of law; therefore, the application for extension of time to appeal was refused.

Parties
Applicant: Frank Robert Parker; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
23 August 2002
Procedural Posture
Appeal / Judgment on Application for Extension of Time to Appeal
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Error of Law, Judicial Review, Compensation Claims
Administrative Law Extension of Time Error of Law Judicial Review Compensation Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Frank Robert Parker

Applicant

Comcare

Respondent

Procedural Posture

Appeal / Judgment on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in law in refusing the application for an extension of time to appeal
  2. 2 Whether there is a real chance of the substantive appeal succeeding

Ratio Decidendi

The only question for the Court was whether the Tribunal erred in law in declining to grant an extension of time due to the age of the claim and unavailability of records. There was no error of law; therefore, the application for extension of time to appeal was refused.

Court Disposition

Application for extension of time refused

Orders

  • The application for an extension of time to appeal from the decision of the Administrative Appeals Tribunal be refused.
  • The applicant pay the respondent's costs, to be taxed if not agreed.