Minister for Resources & Ors v Gunns Ltd & Anor [1995] FCA 222

Minister for Resources & Ors v Gunns Ltd & Anor [1995] FCA 222

Special reasons for granting extension have been established; injustice would occur if leave was not granted; appropriate costs order and combined hearing are adequate responses to any procedural complications.

Parties
Applicant: Minister for Resources; Respondent: Tasmanian Conservation Trust Inc.; Respondent: Gunns Limited
Jurisdiction
Australia
Judgment Date
28 March 1995
Procedural Posture
Motion for Extension of Time to File Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave granted to file and serve notice of appeal out of time; costs order: no order as to costs.
Legal Topics
Extension of Time, Standing Under ADJR Act, Leave to Appeal
Administrative Law Civil Procedure Extension of Time Standing Under ADJR Act Leave to Appeal

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Parties

Minister for Resources

Applicant

Tasmanian Conservation Trust Inc.

Respondent

Gunns Limited

Respondent

Procedural Posture

Motion for Extension of Time to File Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether special reasons exist to grant extension of time to file notice of appeal
  2. 2 Whether Tasmanian Conservation Trust Inc. is a 'person aggrieved' under the ADJR Act and has standing

Ratio Decidendi

Special reasons for granting extension have been established; injustice would occur if leave was not granted; appropriate costs order and combined hearing are adequate responses to any procedural complications.

Court Disposition

Leave granted to file and serve notice of appeal out of time; costs order: no order as to costs.

Orders

  • Gunns Limited may file and serve notice of appeal against judgment of Sackville J on or before 31 March 1995.
  • If appeal is instituted, to be heard with appeal No 65 of 1995.