Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712

Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712

Given the reasonable explanation for the delay, the absence of prejudice to the respondent, and the bona fides of the applicant's attempts to resolve the matter administratively, an extension of time for filing the application for judicial review should be granted.

Jurisdiction
Australia
Judgment Date
28 May 1999
Procedural Posture
Judicial Review Application / Application for Extension of Time to Seek Review
Outcome
Extension of time granted; costs reserved.
Legal Topics
['extension of Time' 'judicial Discretion' 'tariff Concessions' 'delay Explained by Negotiations' 'appropriate Costs Orders']
['administrative Law' 'customs Law'] ['extension of Time' 'judicial Discretion' 'tariff Concessions' 'delay Explained by Negotiations' 'appropriate Costs Orders']

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Procedural Posture

Judicial Review Application / Application for Extension of Time to Seek Review

Legal Issues

  1. 1 ['Whether an extension of time for filing an application for judicial review should be granted under s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth)' 'Whether delay in filing is sufficiently explained by attempts to negotiate and administrative review' 'Whether the respondent improperly treated policy as legally binding or failed to have regard to individual circumstances' 'Appropriate costs order where extension of time is granted']

Ratio Decidendi

Given the reasonable explanation for the delay, the absence of prejudice to the respondent, and the bona fides of the applicant's attempts to resolve the matter administratively, an extension of time for filing the application for judicial review should be granted.

Court Disposition

Extension of time granted; costs reserved.

Orders

  • ['An order be made in terms of the notice of motion filed on 21 January 1999 extending the time for filing the application for an order of review filed the same day, and the filing of that application on 21 January 1999 be taken as appropriate compliance with this order.' 'The costs of the motion be reserved.']