Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142

Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142

The Court refused to extend time because Mr Swanton's application was made about seven months after the prescribed time, he did not provide an adequate explanation for the delay, and any appeal had little or no prospects of success. The Tribunal's decision was treated as having been given to Mr Swanton when posted to and received at his representative's address for documents, and even assuming a question of law could be framed, the material before the Tribunal did not show any appealable error in its refusal to extend time.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Application for an Extension of Time to Appeal on a Question of Law From a Decision of the Administrative Appeals Tribunal / Federal Court Application for Extension of Time Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth)
Outcome
Application dismissed with costs.
Legal Topics
['extension of Time to Appeal From Administrative Appeals Tribunal' 'appeal on a Question of Law' 'service and Giving of Documents by Post' 'address for Documents' 'presumptions as to Posting and Receipt' 'military Rehabilitation and Compensation Claim']
['administrative Law' 'practice and Procedure' 'statutory Interpretation' 'evidence' 'compensation Law'] ['extension of Time to Appeal From Administrative Appeals Tribunal' 'appeal on a Question of Law' 'service and Giving of Documents by Post' 'address for Documents' 'presumptions as to Posting and Receipt' 'military Rehabilitation and Compensation Claim']

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Procedural Posture

Application for an Extension of Time to Appeal on a Question of Law From a Decision of the Administrative Appeals Tribunal / Federal Court Application for Extension of Time Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth)

Legal Issues

  1. 1 ["Whether the Court should extend time under s 44(2A)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) for Mr Swanton to appeal from the Tribunal's refusal to extend time." "Whether Mr Swanton was given the Tribunal's decision when it was posted to and received at his representative's address for documents." 'Whether there was an acceptable explanation for the delay in commencing the Federal Court application.' 'Whether the proposed appeal disclosed a question of law and had sufficient merit to justify an extension of time.']

Ratio Decidendi

The Court refused to extend time because Mr Swanton's application was made about seven months after the prescribed time, he did not provide an adequate explanation for the delay, and any appeal had little or no prospects of success. The Tribunal's decision was treated as having been given to Mr Swanton when posted to and received at his representative's address for documents, and even assuming a question of law could be framed, the material before the Tribunal did not show any appealable error in its refusal to extend time.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs of the application."]