Devetzidis and Comcare (Compensation)

The Administrative Appeals Tribunal considered an application by Mr Devetzidis for an extension of time to lodge a claim for compensation against Comcare. The application was significantly out of time, being over two years past the relevant deadline. Furthermore, a previous application for an extension of time had been withdrawn by the applicant.

The Tribunal was required to determine whether the applicant was effectively seeking a reinstatement of his previously withdrawn application, or whether that application had been dismissed in error. Crucially, the Tribunal had to consider whether the provisions for special circumstances, which might allow for an extension of time in exceptional cases, were applicable to the applicant's situation.

In reaching its decision, the Tribunal found that the applicant had not established the existence of special circumstances that would warrant granting an extension of time. The withdrawal of the prior application and the significant delay were key factors in this assessment. Consequently, the Tribunal refused the application for an extension of time.