Federal Court of Australia
S48
CATCHWORDS
ADMINISTRATIVE LAW - Application for leave to appeal out of time
against decision of Administrative Appeals Tribunal - Freedom of
Information Act request - principles to be applied.
Administrative Appeals Tribunal Act 1975 3.44
Ereedom of Information Act 1982 s.40(1)(d)
ERVIN LAJOS BOEHM and THE COMMONWEALTH OMBUDSMAN No. VG 332 of 1986
Woodward J. 19 November 1986 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No. VG 332 of 1986 )
GENERAL DIVISION )
BETWEEN : ERVIN LAJOS BOEHM Appellant and THE COMMONWEALTH OMBUDSMAN Respondent
MINUTES OF ORDER
COURT: Woodward J. DATE: 19 November 1986
PLACE: Melbourne
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay the respondent's taxed costs.
(Note: Settlement and entry of orders are dealt with in Order 36 of the Federal Court Rules.)
IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VG 332 of 1986 ) GENERAL DIVISION ) BETWEEN : ERVIN LAJOS BOEHM Applicant and THE COMMONWEALTH OMBUDSMAN Respondent
COURT: Woodward J. DATE: 19 November 1986 PLACE:
Melbourne
REASONS FOR JUDGMENT
This is an application for an extension of time within which to file a notice of appeal from a decision of the
Administrative Appeals Tribunal.
The decision sought to be appealed from was one in which the Tribunal, constituted by Jenkinson J, found that a certain document in a file of the respondent's was exempt from production
under the Freedom of Information Act 1982.
In the circumstances of the present case there are, I believe, four matters which I need to consider in the exercise of my discretion. The first is the reason advanced by the applicant
for his delay in appealing - which in this case involved a period
of some 13 months. The second is the applicant's prospect of
success in his appeal if he is permitted to pursue it. The third is the harm which would be suffered by the applicant if he were prevented from pursuing a successful appeal. The fourth 1s any possible prejudice to the respondent caused by the delay in
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