Telstra Corporation Ltd v. Razmovski, A. [1994] FCA 775

JUDGMENT No. sone 2d. TH

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CATCHWORDS

ADMINISTRATIVE LAW - Administrative Appeals Tribunal allows extension of three years for application for review - whether error of law - whether evidence to support findings of fact.

Administrative Appeals Tribunal Act - s.29(7)

'He v are (1993) 18 AAR 22

ev A' nm (1993) 18 AAR 366 Hunter Valley Developments Pty Ltd vw Cohen (1984) 3 FCR 344

IRPORA* IMITED v_ALEX VSK

No. NG 472 of 1994

RECEIVED

Sackville J.

21 October 1994 25 OCT 1994 Sydney. FEDERAL COURT OF

PRINCIPAL REGISTRY

FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 472 of 1994

GENERAL DIVISION )

BETWEEN:

TELSTRA CORPORATION LIMITED Applicant

AND:

ALEX RAZMOVSKI

Respondent

CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 21 OCTOBER 1994

MI E: F_ ORDER

Ts

The application should be dismissed with costs.

NOTE: Settlement and entry of orders is dealt with in . Order 36 of the Federal Court Rules.

FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 472 of 1994

GENERAL DIVISION )

BETWEEN:

TELSTRA CORPORATION LIMITED Applicant

AND:

ALEX RAZMOVSKI

Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 21 OCTOBER 1994 NS FOR NT Introduction

The applicant, Telstra Corporatio Ltd, ("Telstra") appeals to this Court, pursuant to s.44(1) of the Administrative Appeals Tribuna] Act 1975 ("the Act") against a decision of the Administrative Appeals Tribunal ("the AAT"), constituted by Dr D.J. Grimes, Senior Member. The AAT granted an application by Mr Razmovski, the respondent to the appeal in this Court ("the respondent"), under s.29(7) of the Act to extend the time for making an application for review of a determination by a delegate of Telstra (which is a successor to the Australian Telecommunications Corporation). That determination was made on

20 March 1991, pursuant to s.62(5) of the Commonwealth Employees'