Choi v Secretary, Department of Communities and Justice

The applicant, Choi, sought an extension to file a summons for leave to appeal from a decision made by the Appeal Panel of the NSW Civil and Administrative Tribunal. The dispute originated from a series of events dating back to 2018, involving the applicant and the Secretary, Department of Communities and Justice. Choi's primary contention was against the decision of the Appeal Panel, which had consistently ruled against her in various matters. The Supreme Court of New South Wales was tasked with determining whether an extension of time should be granted for Choi to file the summons.

The legal issues before the court centred on whether proper grounds for an extension of time had been articulated and whether granting such an extension would be futile. The court needed to consider whether the applicant's repeated attempts to re-agitate old matters had merit and whether an extension would serve a meaningful purpose. Additionally, the court had to assess if refusing the extension would be unjust, especially given the applicant's need to obtain leave to appeal even if the extension were granted. The crux of the matter was whether the reasons provided by the Panel revealed any errors that would give the appeal a reasonable chance of success.

In its reasoning, the court found that Choi had not articulated proper grounds for an extension of time. The applicant's attempts to re-agitate old matters had been consistently unsuccessful, and granting an extension would be futile. Furthermore, the court noted that the Panel's reasons revealed no errors that would provide a reasonable prospect of success for an appeal. Consequently, the application for an extension of time was refused, and the summons was dismissed. The court held that it would not be unjust to deny the extension, given the circumstances of the case.