Schultz, Lancelot Franklin v Beldon, Edmund Michael & Ors [1983] FCA 322

Schultz, Lancelot Franklin v Beldon, Edmund Michael & Ors [1983] FCA 322

In the particular circumstances, the applicant's short delay pending confirmation of financial assistance did not amount to unreasonable delay or cause substantial prejudice to the respondents; therefore, extension of time was granted.

Parties
Applicant: Lancelot Franklin Schultz; First Respondent: Edmund Michael Belden; First Respondent: Ian Hamish Gammage; First Respondent: John Stewart Fraser Bowan; Second Respondent: Ian Stanley Lincoln; Third Respondent: Robert William Cole; Third Respondent: Robert John Young; Third Respondent: John Vincent Monaghan
Jurisdiction
Australia
Judgment Date
10 November 1983
Procedural Posture
Judicial Review / Application for Extension of Time
Outcome
Extension of time granted
Legal Topics
Extension of Time for Judicial Review, Promotions Appeal Committee Decision, Delay Due to Financial Assistance, Procedural Fairness
Administrative Law Extension of Time for Judicial Review Promotions Appeal Committee Decision Delay Due to Financial Assistance Procedural Fairness

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Parties

Lancelot Franklin Schultz

Applicant

Edmund Michael Belden

First Respondent

Ian Hamish Gammage

First Respondent

John Stewart Fraser Bowan

First Respondent

Ian Stanley Lincoln

Second Respondent

Robert William Cole

Third Respondent

Robert John Young

Third Respondent

John Vincent Monaghan

Third Respondent

Procedural Posture

Judicial Review / Application for Extension of Time

Legal Issues

  1. 1 Whether extension of time should be granted for lodging application for order of review under Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether delay in filing was justified by lack of knowledge of time limit and need for financial assistance
  3. 3 Whether respondents would suffer prejudice from extension

Ratio Decidendi

In the particular circumstances, the applicant's short delay pending confirmation of financial assistance did not amount to unreasonable delay or cause substantial prejudice to the respondents; therefore, extension of time was granted.

Court Disposition

Extension of time granted

Orders

  • The time within which to lodge the application for an order of review is extended up to and including 6 September 1983.