PROCEDURE: application for extension of time to commence proceedings under the Valuation of Land Act 1916 — legal principles — delay excessive — reason for delay understandable — no prejudice to respondent — arguable case — time to appeal extended.
Quick Take
1A 257-day delay in filing an appeal under s 38(1) of the Valuation of Land Act 1916 is excessive but not fatal where the delay is explained by a combination of ill health, reliance on an informal agent who failed to advise of the time limit, and genuine misunderstanding of when time commenced to run.
2The Valuer General suffers no prejudice from an extension of time because the Valuer General has no proprietary interest in the outcome of the exercise of statutory valuation powers.
3An applicant need only demonstrate a 'fairly arguable case' on the merits at the extension-of-time stage; the case need not be shown to be strong, only that it is not hopeless, unarguable or bound to fail.
