Chand v RailCorp

In *Chand v RailCorp*, the applicant sought leave to appeal from a decision of the Administrative Decisions Tribunal Appeal Panel. The respondent, RailCorp, had filed a notice of motion seeking to dismiss the applicant's summons seeking leave to appeal, arguing it was filed out of time and without sufficient explanation for the delay.

The primary legal issue before McColl JA was whether to grant an extension of time for the applicant to file her summons seeking leave to appeal. This required consideration of whether the applicant had a fairly arguable case and whether the dictates of justice warranted an extension, notwithstanding the failure to comply with the relevant procedural rules.

McColl JA reasoned that while the applicant had not provided a comprehensive explanation for the delay, the merits of her proposed appeal were sufficiently arguable to justify granting an extension. The court applied the principles governing extensions of time for seeking leave to appeal, balancing the need for procedural compliance with the overarching requirement to act in accordance with the dictates of justice. Consequently, the court ordered that the time for filing the summons seeking leave to appeal be extended to 28 June 2010, and dismissed RailCorp's notice of motion. Each party was ordered to bear their own costs.