Choi v University of Technology Sydney [2017] NSWCATAD 198

Choi v University of Technology Sydney [2017] NSWCATAD 198

The applicant's applications for both extension of time and review were filed out of time; notice was 'given to' the applicant when the email with the attachment was received; inadvertence in not opening the attachment does not establish a reasonable excuse for delay; no further excuse was provided for subsequent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Administrative Review / Jurisdictional – Application to Extend Time and Substantive Review Both Dismissed
Outcome
Application to extend time dismissed; application for administrative review dismissed; proceedings dismissed as out of time and misconceived.
Legal Topics
['extension of Time' 'procedural Fairness' "definition of 'given To'" 'processing Charges' 'jurisdictional Limits']
['administrative Law' 'freedom of Information'] ['extension of Time' 'procedural Fairness' "definition of 'given To'" 'processing Charges' 'jurisdictional Limits']

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Procedural Posture

Administrative Review / Jurisdictional – Application to Extend Time and Substantive Review Both Dismissed

Legal Issues

  1. 1 ['Whether the application to the Tribunal for administrative review under the Government Information (Public Access) Act 2009 was made within time' 'Whether the Tribunal should extend time for making the late application' "Meaning of the statutory phrase 'given to' with respect to notice of decision"]

Ratio Decidendi

The applicant's applications for both extension of time and review were filed out of time; notice was 'given to' the applicant when the email with the attachment was received; inadvertence in not opening the attachment does not establish a reasonable excuse for delay; no further excuse was provided for subsequent delay. Accordingly, the Tribunal has no jurisdiction and the applications are dismissed.

Court Disposition

Application to extend time dismissed; application for administrative review dismissed; proceedings dismissed as out of time and misconceived.

Orders

  • ["The applicant's application to extend time for the making of an application to the Tribunal for administrative review of the respondent's decision or decisions under the Government Information (Public Access) Act 2009 is dismissed." "The applicant's application to the Tribunal for administrative review of the...