Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peczalski v Comcare [1999] FCA 366
ADMINISTRATIVE LAW – Workers' Compensation – application for an extension of time to appeal under s 44 Administrative Appeals Tribunal Act 1975 (Cth) – parallel application for an extension of time to seek orders for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) dismissed – reasons for delay – merits of proposed appeal – prejudice to the respondent Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4(1), s 7(7), s 59, s 114 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)
Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483 applied Australian Fisheries Management Authority v PW Adams Pty Ltd (1995) 61 FCR 314 cited Chowdhary v Bayne [1999] FCA 41 cited Repatriation Commission v Tuite (1992) 37 FCR 571 applied Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 applied Secretary, Department of Social Security v Van Den Boogaart (1995) 37 ALD 619 cited Comcare v A'Hearn (1993) 45 FCR 441 cited Livesey v New South Wales Bar Association (1983) 151 CLR 288 cited Webb v The Queen (1994) 181 CLR 41 cited Comcare v Burton (1998) 50 ALD 846 cited Commonwealth v Ford (1986) 65 ALR 323 cited
ALEXANDER S PECZALSKI v COMCARE AG 59 of 1998 FINN J CANBERRA 1 APRIL 1999
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG59 OF 1998
BETWEEN: ALEXANDER S PECZALSKI
Applicant
AND: COMCARE
Respondent
JUDGE: Finn J
DATE OF ORDER: 1 APRIL 1999
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. the application be dismissed Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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