Polito, M. v. Australian Postal Commission [1987] FCA 107

Polito, M. v. Australian Postal Commission [1987] FCA 107

The applicant has not demonstrated that his appeal would have sufficient prospects of success to justify granting an extension of time, even if the notice of appeal were amended. The application for extension of time is therefore dismissed.

Parties
Applicant: Marcello Polito; Respondent: Australian Postal Commission
Jurisdiction
Australia
Judgment Date
10 March 1987
Procedural Posture
Application for Extension of Time to Appeal / Decision on Application for Extension of Time
Outcome
Application for extension of time dismissed with costs
Legal Topics
Extensions of Time for Appeal, Appeals From Administrative Appeals Tribunal, Prospects of Success Requirement, Delay Attributable to Solicitor
Practice and Procedure Administrative Law Extensions of Time for Appeal Appeals From Administrative Appeals Tribunal Prospects of Success Requirement Delay Attributable to Solicitor

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Parties

Marcello Polito

Applicant

Australian Postal Commission

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the delay in lodging the appeal should be excused and an extension of time granted
  2. 2 Whether the applicant's proposed appeal has sufficient prospects of success to warrant granting an extension

Ratio Decidendi

The applicant has not demonstrated that his appeal would have sufficient prospects of success to justify granting an extension of time, even if the notice of appeal were amended. The application for extension of time is therefore dismissed.

Court Disposition

Application for extension of time dismissed with costs

Orders

  • Application for extension of time is dismissed with costs