Digwood v Forests NSW [2009] NSWADT 107

Digwood v Forests NSW [2009] NSWADT 107

Both applications were filed outside the statutory time limit for review. Constructive notice principles meant time commenced after deemed refusal dates. Mr Digwood did not provide a reasonable explanation for the delays. Therefore, the Tribunal refused to extend time and dismissed the applications for want of jurisdiction.

Jurisdiction
Australia
Judgment Date
13 May 2009
Procedural Posture
Application for Review of Administrative Decisions / Preliminary Hearing on Jurisdiction/time Extension
Outcome
Applications dismissed for want of jurisdiction.
Legal Topics
['jurisdiction of Tribunal' 'time Limits for Review Applications' 'deemed Refusal Under Foi' 'extension of Time for Applications']
['administrative Law' 'freedom of Information'] ['jurisdiction of Tribunal' 'time Limits for Review Applications' 'deemed Refusal Under Foi' 'extension of Time for Applications']

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Procedural Posture

Application for Review of Administrative Decisions / Preliminary Hearing on Jurisdiction/time Extension

Legal Issues

  1. 1 ['Whether applications for review were lodged within time under s 54 of the Freedom of Information Act 1989' 'Whether the relevant decisions were deemed or actual' 'Whether time should be extended under s 57 of Administrative Decisions Tribunal Act 1997' 'Whether the Tribunal has jurisdiction in the circumstances']

Ratio Decidendi

Both applications were filed outside the statutory time limit for review. Constructive notice principles meant time commenced after deemed refusal dates. Mr Digwood did not provide a reasonable explanation for the delays. Therefore, the Tribunal refused to extend time and dismissed the applications for want of jurisdiction.

Court Disposition

Applications dismissed for want of jurisdiction.

Orders

  • ["Mr Digwood's applications under s 57 of the ADT Act to extend the time in which to make the applications are refused" 'The review applications are dismissed for want of jurisdiction']