O’Grady v Sutherland Shire Council [2021] NSWCATAD 165

O’Grady v Sutherland Shire Council [2021] NSWCATAD 165

The applicant provided a reasonable explanation for the whole relevant period of delay: the Office of Local Government's 3 December 2020 correspondence reasonably explained why he changed his position after initially accepting the reviewable decision; subsequent periods were reasonably explained by related...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 June 2021
Procedural Posture
Application for Extension of Time to File an Application for NCAT Administrative Review Under the Government Information (public Access) Act 2009 / Procedural Ruling on Extension of Time
Outcome
Extension of time granted.
Legal Topics
['government Information (public Access) Act 2009' 'ncat Administrative Review' 'extension of Time' 'reasonable Excuse for Delay']
['administrative Law' 'government Information Access'] ['government Information (public Access) Act 2009' 'ncat Administrative Review' 'extension of Time' 'reasonable Excuse for Delay']

Source-derived case record

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Procedural Posture

Application for Extension of Time to File an Application for NCAT Administrative Review Under the Government Information (public Access) Act 2009 / Procedural Ruling on Extension of Time

Legal Issues

  1. 1 ['Whether the applicant provided a reasonable excuse for the delay in filing his NCAT administrative review application out of time under s 101 of the Government Information (Public Access) Act 2009.' "Whether the applicant's receipt of information from the Office of Local Government on 3 December 2020, and subsequent steps taken by him, provided a reasonable explanation for the periods of delay."]

Ratio Decidendi

The applicant provided a reasonable explanation for the whole relevant period of delay: the Office of Local Government's 3 December 2020 correspondence reasonably explained why he changed his position after initially accepting the reviewable decision; subsequent periods were reasonably explained by related correspondence, complaint steps, consideration of internal review, legal research and attempts at resolution; and the respondent conceded that the 1 February 2021 to 23 February 2021 period should not count against him. On balance, the reasonable excuse requirement in s 101 was satisfied, so time was extended to 2 March 2021.

Court Disposition

Extension of time granted.

Orders

  • ['The time for filing the application is extended to 2 March 2021.']