Brown v Northern Territory of Australia & Brown

Eileen Brown sought leave to appeal a Local Court decision that refused her application for an extension of time to apply for a compensation certificate under the Crimes Compensation Act 1982. Brown alleged that in 1984, she was stabbed by her then husband, Albert Jungari Brown. Brown did not seek compensation until 2001, citing limited understanding of legal procedures due to her background as a traditional Aboriginal woman. The Local Court dismissed her application for an extension of time, prompting her to seek leave to appeal. The primary issue was whether the Local Court's decision was so wrong that it warranted an appeal to the Supreme Court.

The Supreme Court noted that the Local Court's refusal to grant an extension of time was a discretionary decision, and it would not interfere unless the decision was clearly wrong. The court acknowledged that the applicant needed to demonstrate that the delay was unjustifiable and that the respondents would suffer prejudice as a result. The court considered the significant delay of almost 20 years and the difficulties it caused, such as the inability to fairly defend against the claim and to assess the applicant's psychological consequences resulting from the assault. The court concluded that the applicant had not demonstrated any error in the Local Court's assessment of the delay and the potential prejudice to the respondents.

The Supreme Court refused the applicant's application for leave to appeal, finding that the Local Court's decision was not clearly wrong or unjust, and the presumption in favour of the correctness of the decision remained. The court emphasised that the delay had caused significant prejudice to the respondents, making a fair trial unlikely. The applicant had not shown that the Local Court's decision was unreasonable or unjust, and therefore, the application for leave to appeal was rejected.