Allwood v Sundin, Chung, Greaves & Anor

[2021] QCA 196

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Extension of time
4. › Explanation for delay
5. › Whether absence of satisfactory explanation for delay justified refusal of extension
6. › Judicial Review Act 1991 (Qld), s 26
1. Administrative Law
2. › Judicial review
3. › Standing
4. › Person aggrieved
5. › Whether applicant was aggrieved by decision from the time it was made
6. › Judicial Review Act 1991 (Qld), ss 7, 20
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether error in exercise of discretion established
5. › House v The King (1936) 55 CLR 499

Quick Take

A person whose legal rights are adversely affected by an administrative decision is 'aggrieved' for the purposes of s 20 of the Judicial Review Act 1991 (Qld) from the moment the decision is made, not from the time the person appreciates the practical significance of the decision. The absence of any evidence from the applicant or solicitor explaining delay in applying for judicial review is a powerful factor against granting an extension of time, particularly where existing evidence already alerted the applicant to the adverse effect of the decision.