Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712

FEDERAL COURT OF AUSTRALIA

Mitco DB Pty Ltd v Chief Executive Officer of Customs [1999] FCA 712 JUDICIAL REVIEW – extension of time under s 11(1)(c) of the Administrative Decisions (Judicial Review) Act – applicable principles – whether delay had to be explained – serious question – circumstances where delay of nearly three years was explained by prolonged attempts to reach a negotiated agreement – lack of prejudice – breadth of discretion – discussion of appropriate costs order when time is extended. COSTS – discussion of appropriate order where extension of time to make an application is granted – whether applicant is necessarily to be treated as a suppliant for an indulgence. Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11(1)(c) Customs Act 1901 (Cth), s 273 Customs Tariff Act 1987 (Cth), s 25, Item 56 of Sched 4

ACI Operations Pty Ltd v Chief Executive Officer of Customs (1998) 53 ALD 86 referred to Howells v Nagrad Nominees Pty Ltd (1982) 43 ALR 283 referred to Chumbairux v Minister for Immigration and Ethnic Affairs (1986) 74 ALR 480 referred to Aerolineas Argentinas v Federal Airports Corporation (1995) 63 FCR 100 in part followed; in part not followed Pozniak v Minister for Health (1986) 9 ALN 256 applied Comcare v A'Hearn (1993) 45 FCR 441 applied Dix v Crimes Compensation Tribunal [1993] 1 VR 297 applied Finnegan v Parkside Health Authority [1998] 1 WLR 411 applied Cohen v McWilliam (1995) 38 NSWLR 476 applied Darwin Broadcasters Pty Limited v Australian Broadcasting Tribunal (1990) 21 FCR 524 referred to Wedesweiller v Cole (1983) 47 ALR 528 referred to Hunter Valley Developments Pty Ltd v Minister for Home Affairs and Environment (1984) 58 ALR 305 referred to

MITCO DB PTY LTD v CHIEF EXECUTIVE OFFICER OF CUSTOMS N45 of 1999 Burchett J 28 May 1999 Sydney