Caldwell, Peter James v Smith, William John [1983] FCA 355

Caldwell, Peter James v Smith, William John [1983] FCA 355

The Director has power under reg. 141(2) to consider and grant an application for extension of appeal period even if made after the expiry of the original appeal period. The refusal to consider Mr. Caldwell's application solely on the basis that it was made out of time was incorrect in law.

Parties
Applicant: Peter James Caldwell; Respondent: William John Smith
Jurisdiction
Australia
Judgment Date
02 December 1983
Procedural Posture
Appeal / Full Court Decision
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Extensions of Appeal Period, Judicial Review
Administrative Law Public Service Disciplinary Proceedings Extensions of Appeal Period Judicial Review

Case Brief

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Parties

Peter James Caldwell

Applicant

William John Smith

Respondent

Procedural Posture

Appeal / Full Court Decision

Legal Issues

  1. 1 Whether an application for extension of the period to appeal can be considered when lodged after the expiry of the appeal period under Public Service Regulations reg. 141

Ratio Decidendi

The Director has power under reg. 141(2) to consider and grant an application for extension of appeal period even if made after the expiry of the original appeal period. The refusal to consider Mr. Caldwell's application solely on the basis that it was made out of time was incorrect in law.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Orders of the Court made on 31 August 1983 are set aside