Section 113(2)(b) of the Administrative Decisions Tribunal Act 1997 confers a genuine discretion on the Appeal Panel to grant or refuse leave to extend an appeal to a review of the merits; the mere existence of a bona fide challenge to a finding of fact does not compel the grant of leave. The question whether s 113(2)(b) leave may only be granted after an arguable question of law has been identified was expressly left open. Professional misconduct in swearing a false or misleading affidavit does not require proof of intentional deception.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.