Burgin v Baker [2002] FCA 1301

Burgin v Baker [2002] FCA 1301

It would be futile to grant an enlargement of time as there is no prospect of success in the appeal; the applicant's allegations of bias and discrimination are unsupported and decision-makers are bound by the Social Security Act despite any contrary promises.

Jurisdiction
Australia
Judgment Date
23 September 2002
Procedural Posture
Application for Extension of Time to File Notice of Appeal / Determination of Application
Outcome
Application for extension of time refused.
Legal Topics
['extension of Time' 'appeals From Administrative Appeals Tribunal' 'bias and Discrimination Allegations']
['administrative Law' 'social Security Law'] ['extension of Time' 'appeals From Administrative Appeals Tribunal' 'bias and Discrimination Allegations']

Case Brief

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Procedural Posture

Application for Extension of Time to File Notice of Appeal / Determination of Application

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file a notice of appeal against the AAT decision' "Whether bias or discrimination was evident in the AAT's consideration of evidence" 'Whether the AAT failed to apply the Social Security Act correctly']

Ratio Decidendi

It would be futile to grant an enlargement of time as there is no prospect of success in the appeal; the applicant's allegations of bias and discrimination are unsupported and decision-makers are bound by the Social Security Act despite any contrary promises.

Court Disposition

Application for extension of time refused.

Orders

  • ['The application for an enlargement of time to file a notice of appeal is refused.' 'There be no order as to costs.']