Creek v Cairns Post Pty Ltd [2001] FCA 293

Creek v Cairns Post Pty Ltd [2001] FCA 293

The applicant was granted an extension of time as the delays were adequately explained, no direct prejudice to the respondent was demonstrated, and the complaint maintained some merit. The relevant statutes allow judicial discretion to extend time limits.

Parties
Applicant: Patricia Donna Creek; Respondent: Cairns Post Pty Ltd
Jurisdiction
Australia
Judgment Date
01 March 2001
Procedural Posture
Application for Extension of Time / Interlocutory Application – Extension of Time Granted
Outcome
Extension of time granted
Legal Topics
Extension of Time, Racial Discrimination, Federal Court Procedure
Human Rights Law Discrimination Law Extension of Time Racial Discrimination Federal Court Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Patricia Donna Creek

Applicant

Cairns Post Pty Ltd

Respondent

Procedural Posture

Application for Extension of Time / Interlocutory Application – Extension of Time Granted

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file an application under the Human Rights and Equal Opportunity Commission Act 1986 after expiry of the time limit
  2. 2 Whether the respondent would suffer prejudice if time was extended

Ratio Decidendi

The applicant was granted an extension of time as the delays were adequately explained, no direct prejudice to the respondent was demonstrated, and the complaint maintained some merit. The relevant statutes allow judicial discretion to extend time limits.

Court Disposition

Extension of time granted

Orders

  • The applicant be granted an extension of time to 10 January 2001 within which to bring this application.
  • The costs of the extension of time application be reserved.