3 Oct 2016
The one day delay was minimal, resulted from a logistical delay in delivering documents and caused no prejudice to the respondent who did not oppose; accordingly the court exercised its discretion under r 43 to grant the extension of time.
19 Nov 2015
Unsworn memoranda tendered after the court's final affidavit filing deadline are not evidence and must be excluded; annexed accountant and consultant reports are inadmissible hearsay absent sworn evidence or the authors' testimony; admitting such late material would prejudice the plaintiff and likely force an adjournment, so exclusion is the appropriate remedy.
12 Mar 2015
The judge found that a combination of the appellant's incapacity, his wife's substantial caregiving and work commitments and reasonable efforts to file during the Christmas break, together with the Corporation's failure to send its follow-up letter, amounted to extenuating circumstances under s135(3) and required acceptance of the late review application.
24 Mar 2014
On the balance of probabilities the appellant posted a review application in November 2010 accompanied by the letter (a copy of which was in his GP's records), and his reasonable belief that the application had been lodged constitutes extenuating circumstances excusing the delay; accordingly ACC should accept the later application received 14 June 2011 and the relevant review decisions are quashed or confirmed as ordered.
21 May 2012
The appeal is dismissed because the appellant withdrew the appeal at the hearing and consented to its dismissal; the underlying administrative decision refusing acceptance of the late review under s135(3) was not overturned.
25 Oct 2011
A NOPA must be validly issued within the applicable statutory response period to trigger the Part 4A dispute process and for s89H(2) deemed acceptance to operate; the Commissioner may accept a late NOPA only pursuant to s89K upon proof of exceptional circumstances, and the Commissioner's s89K discretion is not challengeable under Part 8A — therefore the late NOPA in this case was ineffective and no deemed acceptance arose.
18 May 2009
The Review Committee had no jurisdiction to take into account late-filed catch returns or reasons for lateness when calculating provisional catch history under the Fisheries Act 1996; accordingly its decision to include 1,359 kgs was unlawful and must be set aside.
31 Aug 2007
The failures to forward the Notices and the mistaken belief about the challenge period were within the control of the taxpayer or its employee and did not amount to events beyond the disputant's control or reasonably justify late filing under s138D; accordingly the Authority was correct to refuse leave and the appeal is dismissed.
12 Jul 1995
Section 89(5) of the Accident Rehabilitation and Compensation Insurance Act 1992 imposes a mandatory three month time limit for lodging review applications and contains no discretion to accept late applications; therefore the respondent correctly refused the late application and the appeal is dismissed.