Pillay v Commissioner for Fair Trading [2022] NSWCATOD 90

Pillay v Commissioner for Fair Trading [2022] NSWCATOD 90

Neither of the necessary threshold matters was satisfied: the applicant did not provide a satisfactory explanation for a substantial eight-month delay, had no arguable case, and did not apply for internal review within time. Therefore, the Tribunal refused to extend time and dismissed the application, lacking jurisdiction to otherwise proceed.

Jurisdiction
Australia
Judgment Date
12 August 2022
Procedural Posture
Administrative Review / Preliminary Jurisdictional Ruling on Extension of Time and Compliance With Internal Review Requirements
Outcome
Application for extension of time refused; application dismissed.
Legal Topics
['extension of Time' 'administrative Review' 'internal Review Prerequisites' 'real Estate Licensing' 'fit and Proper Person']
['administrative Law'] ['extension of Time' 'administrative Review' 'internal Review Prerequisites' 'real Estate Licensing' 'fit and Proper Person']

Case Brief

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Procedural Posture

Administrative Review / Preliminary Jurisdictional Ruling on Extension of Time and Compliance With Internal Review Requirements

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to lodge an administrative review application' 'Whether, in absence of internal review, the tribunal should consider the application under s 55(4)(b) of the Administrative Decisions Review Act 1997 (NSW)']

Ratio Decidendi

Neither of the necessary threshold matters was satisfied: the applicant did not provide a satisfactory explanation for a substantial eight-month delay, had no arguable case, and did not apply for internal review within time. Therefore, the Tribunal refused to extend time and dismissed the application, lacking jurisdiction to otherwise proceed.

Court Disposition

Application for extension of time refused; application dismissed.

Orders

  • ["The applicant's application for an extension of time is refused." "The applicant's application is dismissed."]