Burns v Gaynor (No 2) [2022] NSWCATAD 114

Burns v Gaynor (No 2) [2022] NSWCATAD 114

The applicant delayed more than two weeks in making the set aside application and failed to adequately explain the delay; the set aside application did not have reasonable prospects of success, and there was no real likelihood of injustice in letting the decision stand. Therefore, the extension of time was refused.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Application to Extend Time for Set Aside Application / Decision on Extension of Time
Outcome
Application to extend time for set aside application refused.
Legal Topics
['extension of Time' 'set Aside Application' 'absence of Party' 'practice and Procedure']
['administrative Law' 'equal Opportunity Law'] ['extension of Time' 'set Aside Application' 'absence of Party' 'practice and Procedure']

Case Brief

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Procedural Posture

Application to Extend Time for Set Aside Application / Decision on Extension of Time

Legal Issues

  1. 1 ['Whether extension of time should be granted for set aside application' 'Whether the original decision was made in the absence of a party resulting in their case not being adequately before the Tribunal']

Ratio Decidendi

The applicant delayed more than two weeks in making the set aside application and failed to adequately explain the delay; the set aside application did not have reasonable prospects of success, and there was no real likelihood of injustice in letting the decision stand. Therefore, the extension of time was refused.

Court Disposition

Application to extend time for set aside application refused.

Orders

  • ['The application to extend time for the making of the set aside application is refused.']