Federal Court of Australia
~ jel eg
5i4
NOT INTENDED FOR GENERAL DISTRIBUTION
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. WA G109 of 1986
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BETWEEN: MAJID FARDSAVAR
Applicant and
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS
Respondent
CORAM: TOOHEY J. 7 November 1986
REASONS FOR JUDGMENT
This 18 an application for extension of time in which to file and serve a notice of appeal from a judgment of this Court delivered on 3 October 1986. The application refers to a jiudament qiven by Forster J. on 10 October but his Honour delivered
judament on 3 October, handing down reasons on 10 October.
The application for extension of time was filed on 6 November 1.e. the day on which it was heard. On 5 November the applicant had filed an application for leave to appeal from the judgment of Forster J. However leave to appeal was not required; there was an appeal as of right but an extension of time
was required by reason of 0.52 r.15 of the Federal Court Rules.
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The application for leave to appeal was dismissed and the
application for extension of time was pursued.
Order 52 r.15 empowers the Court to extend the time for filing and serving a notice of appeal, after the prescribed times have expired, for special reasons. This 1s a more limiting provision than appears 1n some appeal rules. There is no reason to construe "special reasons" narrowly or in some undulv technical
Wav. Nevertheless the fact 1s that special reasons must be demonstrated before the Court may qrant an extension of time in
the present circumstances.
In Wolcott v. Davis (1984) 4 F.C.R. 124 Muirhead J. discussed the operation of 0.52 r.15, stressing that there must be facts or circumstances which are unusual or atypical. Iam not persuaded that the circumstances here are unusual or atypical in the sense contemplated by the rule. It was said on behalf of the applicant that, following the dismissal of his application, his legal representative concentrated his activities on making representations to the respondent to ensure that on his
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