Pozniak, M. v Minister for Health & Ors [1986] FCA 66

Pozniak, M. v Minister for Health & Ors [1986] FCA 66

Extension of time for lodging application for judicial review granted due to misleading departmental notification, solicitor's error, absence of prejudice to respondents, and justice of the case requiring such order.

Parties
Applicant: Maurice Pozniak; First Respondent: Minister for Health; Second Respondent: Medical Services Committee of Inquiry for the State of New South Wales; Third Respondent: Campbell Hasting Thorburn; Third Respondent: Bruce Ernest Jeffery; Third Respondent: Thomas Gerald Quinn; Third Respondent: Colin Boyne Degotardi; Third Respondent: Noel Allison Fowler
Jurisdiction
Australia
Judgment Date
14 March 1986
Procedural Posture
Application for Extension of Time to Apply for Order of Review / Order Granting Extension and Listing Application for Directions
Outcome
Extension of time granted for application for order of review; costs order made.
Legal Topics
Extension of Time for Application, Judicial Review of Administrative Decisions, Medical Disciplinary Proceedings, Solicitor's Error in Procedural Matters, Costs Orders in Extension Applications
Administrative Law Extension of Time for Application Judicial Review of Administrative Decisions Medical Disciplinary Proceedings Solicitor's Error in Procedural Matters Costs Orders in Extension Applications

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Parties

Maurice Pozniak

Applicant

Minister for Health

First Respondent

Medical Services Committee of Inquiry for the State of New South Wales

Second Respondent

Campbell Hasting Thorburn

Third Respondent

Bruce Ernest Jeffery

Third Respondent

Thomas Gerald Quinn

Third Respondent

Colin Boyne Degotardi

Third Respondent

Noel Allison Fowler

Third Respondent

Procedural Posture

Application for Extension of Time to Apply for Order of Review / Order Granting Extension and Listing Application for Directions

Legal Issues

  1. 1 Whether extension of time should be granted for application for judicial review
  2. 2 Effect of misleading appeal rights notification by department
  3. 3 Effect of solicitor's error in not pursuing available judicial review

Ratio Decidendi

Extension of time for lodging application for judicial review granted due to misleading departmental notification, solicitor's error, absence of prejudice to respondents, and justice of the case requiring such order.

Court Disposition

Extension of time granted for application for order of review; costs order made.

Orders

  • The time within which applicant may bring an application for review of the decisions referred to in the Application for an Order of Review filed on 30 December 1985 be extended up to and including that date and the said application so filed be deemed to have been filed within time.
  • The costs of the application for extension of time be the respondents' costs in the application for review.