17 Nov 2020
The director did not breach s135. The decisions to commence the start-up and to continue trading were reasonable given available financing, shareholder support and ordinary start-up risks; the plaintiff's claimed loss was uncertain and, in any event, not 'serious' as required by s135, so no compensation under s301 was ordered.
30 Apr 2015
For the 11 November 2010 decision the appeal is dismissed because the appellant knowingly delayed, understood time limits, and his explanation (expectation of refusal and later injury) lacked reasonable substance under s135(3). For the 8 April 2011 decision the appeal is allowed because the appellant reasonably arranged for an agent to file the review and the agent's admitted absence and limited communications amounted to the agent unreasonably failing to ensure timely filing, satisfying s135(3)(b).
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.
7 Aug 2014
No extenuating circumstances existed to require acceptance of the late review: the appellant was informed of the decision and review process, had sufficient English to understand correspondence and hearings, could not show reliance on agents who had the decision or instructions, had multiple opportunities to apply, and failed to explain an approximately five year delay.
11 Oct 2004
The judge found on the evidence, including medical reports and live credibility assessment, that the appellant’s injury-related incapacity (pain, surgery and reactive depression) together with her family circumstances likely affected her ability to meet the statutory time limit and thus constituted extenuating circumstances under s135(3); the review decision was set aside and a review hearing ordered.