Federal Court of Australia
JUDGMENT No. 223. wZ2,
CATCHWORDS
ADMINISTRATIVE LAW - Judicial review - Application
for extension of time to lodge application - Directions under regulation 116 of Public Service
Regulations - direction operative for short period -
undue delay.
Administrative Decisions (Judicial Review) Act 1977
Public Service Act 1922
BRIAN TERENCE PINCHBACK v. PETER WILENSKI
No. ACT G25 of 1983
Neaves J. . Canberra
10 November 1983.
IN THe FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G25 of 1983 DISTRICT REGISTRY } )
GENERAL DIVISION
BETWEEN: BRIAN TERENCE PINCHBACK Applicant AND: PETER WILENSKI Respondent ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 10 November 1983 WHERE MADE: © Cynberra
' 'i '
THE COURT ORDERS THAT: l.~ The application is dismissed.
2. 'The applicant pay the respondent's costs of the
application.
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY
)
)
)
) No. ACT G25 of 1983 DISTRICT 2EGISTRY ) ' ) )
GENERAL DIVISION
BETWEEN: BRIAN TERENCE PINCHBACK Applicant 'AND: PETER WILENSKI | Respondent CORAM: Neaves J. . DATE: 10 November 1983
l REASONS FOR JUDGMENT |)
Mr. Brian Terence Pinchback ("the applicant") has applied to this Court under paragraph 11(1)(c) of 'the Administrative Decisions (Judicial Review) Act 1977 ("the Act") for an extension of the time within which to lodge an application under the Act for an order of review in respect of a decision said to have been made by Mr. Kenneth Norman Jones on or about 20 September 1982
under regulation 116 of the Public Service Regulations.
See
The extension sought is ap to and including 14 June 1983 when the application for the order of review was filed.
At the time the decision was made Mr. Jones, who was named as the respondent in the application filed on 14 June 1983, was the Permanent Hedd of the Department of Education, a Department of the Australian Public Service. An amended application was filed on 8 July 1983, 'the only substantial difference from that. Filva on 19 June 1983 being that Dr. Peter Wilenski is named 2s respondent in'lieu of Mr. Jones. ' This amendment veflected the fact that since the decision sought to be reviewed was made Mr.' Jones 'had ceased to be the Permanent Head of the Department of Education and Dr. Wilenski had
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