FEDERAL COURT OF AUSTRALIA
Dunn v Repatriation Commission [2012] FCA 87
IN THE FEDERAL COURT OF AUSTRALIA | |
| Applicant | |
AND: | Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The time in which the applicant may institute an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) be extended to and including 28 February 2012.
2. The costs of the application be costs in any appeal instituted by the applicant.
NOTE: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
WESTERN AUSTRALIA DISTRICT REGISTRY | |
GENERAL DIVISION | WAD 8 of 2012 |
BETWEEN: | DAWN ELEANOR DUNN Applicant
|
AND: | REPATRIATION COMMISSION Respondent
|
JUDGE: | GILMOUR J |
DATE: | 7 FEBRUARY 2012 |
PLACE: | PERTH |
REASONS FOR JUDGMENT
1 The applicant has applied by way of an interlocutory application for an extension of time under the Federal Court Rules (2011) (Cth) rule 33.13 for the institution of an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act). The extension sought is to 28 February 2012. The time within which an appeal might have been brought under the rules expires on or about 3 or 4 February, it appears.
2 The application is supported by an affidavit of the applicant, as sworn on 12 January 2012, as well as an affidavit by Mr Simon Dunn sworn on 13 January 2012. I also have before me a draft notice of appeal.
3 I am satisfied that there is a proper basis for the extension of time made out on the evidence. Moreover, counsel appearing for the respondent has indicated that it neither opposes nor consents to the application.
4 In those circumstances, there will be an order in terms of the application that the time in which the applicant may institute an appeal under s 44(2A) of the AAT Act be extended to and including 28 February 2012.
5 There will also be an order that the costs of the application be costs in any appeal instituted by the applicant.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. |
Associate:
