Quigg v Australian Postal Corp [1999] FCA 623

Quigg v Australian Postal Corp [1999] FCA 623

An extension of time to file notice of appeal can be granted where the delay is minimal and reasonably explained, and where the natural justice ground of appeal is not clearly without reasonable prospect of success.

Parties
Applicant: Lucia Quigg; Respondent: Australian Postal Corporation
Jurisdiction
Australia
Judgment Date
28 April 1999
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Extension of time granted with conditions
Legal Topics
Extension of Time, Appeals, Procedural Fairness, Natural Justice
Practice & Procedure Administrative Law Extension of Time Appeals Procedural Fairness Natural Justice

Case Brief

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Parties

Lucia Quigg

Applicant

Australian Postal Corporation

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Application for Extension of Time

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether the applicant was denied procedural fairness before the Administrative Appeals Tribunal

Ratio Decidendi

An extension of time to file notice of appeal can be granted where the delay is minimal and reasonably explained, and where the natural justice ground of appeal is not clearly without reasonable prospect of success.

Court Disposition

Extension of time granted with conditions

Orders

  • The time for filing a notice of appeal be extended up to and including 7 May 1999, limited to the 'natural justice' ground.
  • The costs of today's proceedings be reserved.