Highway Hotel Pty Ltd & Ors v The City of Bunbury & Ors

[2001] WASCA 385

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Prerogative writs
3. › Certiorari
4. › Order nisi
5. › Delay in bringing application
6. › Whether delay accounted for satisfactorily
7. › Whether quality of explanation must be weighed against other relevant considerations
8. › Supreme Court Rules (WA), O 56 r 11(1), O 3 r 5
1. Practice and Procedure
2. › Extension of time
3. › Discretionary considerations
4. › Delay
5. › Applicants pursuing alternative remedies
6. › Whether taking other action to bring matter to notice of authorities explains delay
7. › Whether merits of substantive application relevant to extension of time

Quick Take

When considering an application for extension of time to seek certiorari, the quality of the explanation for delay cannot be viewed in isolation as an absolute threshold requirement. It must be weighed in the balance with all other relevant considerations including the merits of the substantive application, prejudice to the respondent, whether the applicant has been actively pursuing other remedies, and the public interest. An applicant who has not 'slept on their rights' but has been taking other steps to address the matter may be granted an extension even where the explanation for the specific delay period is incomplete.