ADMINISTRATIVE LAW — judicial review — where proceedings brought out of time — matters to be considered when exercising discretion to extend time — available appeal avenue not pursued — successful challenge would have no practical utility — no issue of principle
Quick Take
1Lack of practical utility of a successful challenge is a standalone discretionary factor weighing against an extension of time for judicial review, and also bears on whether the plaintiff has demonstrated a fairly arguable case warranting the grant of leave.
2Failure to pursue an available statutory appeal avenue (here, internal appeal under Pt 6 of the Civil and Administrative Tribunal Act 2013 (NSW)) weighs against the grant of leave to seek judicial review under s 69 of the Supreme Court Act 1970 (NSW), consistent with the principle that prerogative relief will generally not be granted where an equally effective alternative remedy exists.
3A plaintiff seeking vindication alone, without any prospect of restoration of a substantive right, does not establish sufficient practical utility to justify an extension of time for judicial review.
