Cronin C.F.P. v Telstra Corporation Ltd [1995] FCA 729

IN THE FEDERAL COURT OF AUSTRALIA ) Limited Distribution ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG671 of 1994 ) GENERAL DIVISION )

BETWEEN: COLIN FRANCIS PAUL CRONIN Applicant AND: TELSTRA CORPORATION LIMITED Respondent

CORAM: HILL J PLACE: SYDNEY DATED: 19 APRIL 1995

REASONS FOR JUDGMENT The applicant, Mr Colin Frances Cronin, appeals to this Court from the decision of the Administrative Appeals Tribunal constituted by a Senior Member refusing to him an extension of time to appeal to the Tribunal pursuant to the provisions of s29(7) of the Administrative Appeals Tribunal Act (1975) ("the Act"). The decision which Mr Cronin sought to have reviewed is a decision made by the respondent, Telstra Corporation Limited ("Telstra"), through a delegate on 4 February 1992. After taking into account the time within which an appeal would ordinarily be lodged to the Tribunal, the delay in filing it was approximately two years and five months. The injuries in question were alleged to have been sustained by Mr Cronin in the course of his employment at times prior to the date of the decision in 1992. It seems that Mr Cronin had instituted proceedings in the Supreme Court

of New South Wales in respect of what on its face appears to be another injury. Mr Cronin's solicitor apparently considered the question of whether an appeal should be brought in the Tribunal against the decisions of 4 February 1992 and advised against that course being taken, at least until after the Supreme Court of New South Wales had determined the claim which Mr Cronin had made to it. In a letter dated 18 February 1992, that is to say within the time within which an appeal was required to be lodged, the solicitor wrote a letter in the following terms: "We have now had the opportunity of reading through the reconsideration of Mr S Gallimore of 4 February 1992. It appears the decision is entirely based on a medical issue and it would be our advice to you not to appeal to the Administrative Appeals Tribunal but rather wait for the Supreme Court to decide your claim. Kindly advise us of(sic) you agree with this view."