Amponsem v Laundy (Exhibition) Pty Ltd

The applicant, Kobina Amponsem, brought proceedings in the Federal Circuit Court against Laundy (Exhibition) Pty Ltd and George Poulos, alleging unlawful racial discrimination under the *Racial Discrimination Act 1975* (Cth). The applicant sought an extension of time to file his application, which was lodged 110 days after the Australian Human Rights Commission had terminated his complaint. The respondents opposed the extension of time.

The court was required to determine whether to grant the applicant an extension of time to commence proceedings pursuant to s 46PO of the *Australian Human Rights Commission Act 1986* (Cth). This involved considering the principles governing such applications, including the adequacy of the explanation for the delay, any prejudice to the respondents, and the merits of the underlying application.

Lloyd-Jones J refused the application for an extension of time. The court found that the applicant's explanation for the delay, which centred on an alleged loss of the initial application in the post, was not sufficiently credible. The court noted inconsistencies in the applicant's evidence and the respondents' evidence regarding the documents filed and the tracking information. The court applied the principles established in *Vaenuku v Terrigal Trojan Rugby Club Inc & Anor* [2010] FMCA 701, finding that there was no acceptable explanation for the delay and that the merits of the application did not warrant an extension.

The application for an extension of time was refused, and the applicant was ordered to pay the respondents' costs and disbursements of and incidental to the application.