Fischer, Thomas v PSS Board [1997] FCA 697

Fischer, Thomas v PSS Board [1997] FCA 697

Leave to bring ADJR Act proceedings out of time was refused because Mr Fischer had already challenged the same decision through the Superannuation Complaints Tribunal, a single judge of the Federal Court and the Full Court, and the finality principle in Henderson v Henderson and Port of Melbourne Authority v Anshun made it inappropriate to permit fresh proceedings on different grounds. The Court also considered that the proposed challenge was not arguable and that any later change in rules did not support judicial review of the decision actually made at the time.

Jurisdiction
Australia
Judgment Date
16 July 1997
Procedural Posture
Application for Leave to Bring Proceedings Under the Administrative Decisions (judicial Review) Act 1977 (cth) Out of Time / Reasons for Judgment on Application for Leave
Outcome
Application dismissed.
Legal Topics
['extension of Time' 'adjr Act Judicial Review' 'finality of Litigation' 'anshun Estoppel']
['administrative Law' 'practice and Procedure' 'superannuation'] ['extension of Time' 'adjr Act Judicial Review' 'finality of Litigation' 'anshun Estoppel']

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Procedural Posture

Application for Leave to Bring Proceedings Under the Administrative Decisions (judicial Review) Act 1977 (cth) Out of Time / Reasons for Judgment on Application for Leave

Legal Issues

  1. 1 ['Whether leave should be granted to bring ADJR Act proceedings out of time where the applicant had already challenged the same decision on different grounds.' 'Whether the applicant had an arguable case on the proposed new grounds of challenge.']

Ratio Decidendi

Leave to bring ADJR Act proceedings out of time was refused because Mr Fischer had already challenged the same decision through the Superannuation Complaints Tribunal, a single judge of the Federal Court and the Full Court, and the finality principle in Henderson v Henderson and Port of Melbourne Authority v Anshun made it inappropriate to permit fresh proceedings on different grounds. The Court also considered that the proposed challenge was not arguable and that any later change in rules did not support judicial review of the decision actually made at the time.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']