McGregor v Chief Executive Officer of Centrelink [2000] FCA 701

McGregor v Chief Executive Officer of Centrelink [2000] FCA 701

There was no arguable question of law raised by the applicant's notice of appeal or submissions. The grounds for an extension of time were insufficient, with little material to explain the delay. As the appeal did not disclose a reasonable cause of action and presented no prospect of success on a question of law,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 May 2000
Procedural Posture
Application (motion) for Extension of Time and Strike Out Notice of Appeal / Motion to Strike Out/extension of Time, Final Judgment
Outcome
Application for extension of time refused; application dismissed; costs awarded to the applicant on the motion.
Legal Topics
['extension of Time' 'appeal on Question of Law' 'strike Out Application' 'notice of Appeal']
['administrative Law' 'procedure'] ['extension of Time' 'appeal on Question of Law' 'strike Out Application' 'notice of Appeal']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application (motion) for Extension of Time and Strike Out Notice of Appeal / Motion to Strike Out/extension of Time, Final Judgment

Legal Issues

  1. 1 ['Whether an extension of time to file and serve a notice of appeal from the Administrative Appeals Tribunal should be allowed' 'Whether the grounds of appeal raise a question of law as required by s 44 of the Administrative Appeals Tribunal Act 1975' 'Whether the notice of appeal discloses a reasonable cause of action']

Ratio Decidendi

There was no arguable question of law raised by the applicant's notice of appeal or submissions. The grounds for an extension of time were insufficient, with little material to explain the delay. As the appeal did not disclose a reasonable cause of action and presented no prospect of success on a question of law, the extension of time was refused and the application dismissed.

Court Disposition

Application for extension of time refused; application dismissed; costs awarded to the applicant on the motion.

Orders

  • ['The application for an extension of time to file and serve a notice of appeal be refused.' 'The application Q16/2000 be dismissed.' "The respondent on the motion pay the applicant's costs on the motion, to be taxed if not agreed."]