Teague v Commissioner for Fair Trading [2023] NSWCATOD 175

Teague v Commissioner for Fair Trading [2023] NSWCATOD 175

The extension of time was granted because, despite the not insignificant delay, the injustice to the Applicant in refusing an opportunity for review outweighed procedural concerns; the Applicant provided a plausible explanation for delay, prospects of success could not be ruled out at this stage, and no substantial prejudice to the Respondent was demonstrated.

Parties
Applicant: Jonathan Teague; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
28 November 2023
Procedural Posture
Administrative Review / Extension of Time Application; Procedural
Outcome
Extension of time granted; Respondent's application for dismissal dismissed
Legal Topics
Extension of Time, Procedural Fairness, Administrative Review
Administrative Law Occupational Regulation Extension of Time Procedural Fairness Administrative Review

Case Brief

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Parties

Jonathan Teague

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Extension of Time Application; Procedural

Legal Issues

  1. 1 Whether an extension of time to lodge an administrative review application should be granted
  2. 2 Whether the proceedings should be dismissed for want of jurisdiction due to late filing

Ratio Decidendi

The extension of time was granted because, despite the not insignificant delay, the injustice to the Applicant in refusing an opportunity for review outweighed procedural concerns; the Applicant provided a plausible explanation for delay, prospects of success could not be ruled out at this stage, and no substantial prejudice to the Respondent was demonstrated.

Court Disposition

Extension of time granted; Respondent's application for dismissal dismissed

Orders

  • The Applicant is granted an extension of time to file the application for administrative review to 28 August 2023.
  • The Respondent's application for dismissal of the proceedings is dismissed.