Queensland Court of Appeal proceeding where the appellant sought to overturn the decision of the prior judge in dismissing the appellant’s application for a statutory order to review. The prior proceedings occurred due to a decision under section 505 of the Workers’ Compensation and Rehabilitation Act 2003 which required an extension of time of nine months to seek review under section 26 of the Judicial Review Act 1991. The appellant claimed the delay in application arose as they were not “aggrieved” by the original tribunal’s decision until they received reports from two psychiatrists following the proceedings.
Holmes CJ and Fraser and Mullins JJA discussed the learned trial judge’s reasoning for the dismissal of application for a statutory order under section 505. As the trial judge concluded, the appellant was aggrieved at the point in time when they were deprived by the original tribunal’s decision in association to their common law right to damages for the injury. The appellant subsequently challenged the trial judge’s discretion to refuse an extension of time, the trial judge concluded that there was no evidence given for the reason of delay in applying for statutory order to review. Their Honours further discussed the lack of evidence tendered in the initial trial and the subsequent appeal in explanation for the delay in seeking the statutory order.
Holmes CJ and Fraser and Mullins JJA dismissed the appeal with costs.
Scott McLeod QC appeared on behalf of the respondents, instructed by the Crown Solicitor’s Office.
The judgement is published here.
