The Hunter Valley Developments principles, as approved by the High Court in Tu'uta Katoa, apply to extensions of time under s 46(1)(b) of the Judicial Review Act 1991 (Qld). The quality of an explanation for delay cannot be viewed in isolation but must be weighed in the balance with other relevant considerations. Where the relief sought is certiorari, the period of delay must be calculated from the date of the order under s 46(2), not from an earlier date when alternative prerogative relief might theoretically have been available. Relief in the nature of prohibition is not available quia timet before a tribunal has assumed jurisdiction or refused to exercise it.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
6 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.