Hanna v Commonwealth Director of Public Prosecutions

The applicant, Hanna, sought judicial review under s 69 of the *Administrative Decisions (Judicial Review) Act 1977* (Cth) of convictions recorded against him in the Local Court in 2005. The primary judge refused an extension of time for the judicial review application, citing significant delay and the consequent loss of relevant documents. Hanna then sought leave to appeal this refusal to the Court of Appeal.

The Court of Appeal was required to determine whether the primary judge erred in refusing the extension of time for the judicial review application. This involved considering whether the reasons for the delay were adequately explained and whether the prejudice caused by the delay, particularly the loss of documents, was a sufficient ground to refuse the extension.

The Court of Appeal affirmed the primary judge's decision. It reasoned that the applicant had not provided a satisfactory explanation for the extensive delay in seeking judicial review, which occurred some 17 years after the convictions. The loss of documents, including potentially crucial court records and transcripts, was found to create an unacceptable level of prejudice to the respondent, the Commonwealth Director of Public Prosecutions, and to the administration of justice itself. The Court applied the principles governing extensions of time in judicial review proceedings, emphasising the need for promptness and the adverse impact of delay on the ability to conduct a fair review.

Consequently, the Court of Appeal refused the application for an extension of time to file the application for leave to appeal and dismissed the summons seeking leave to appeal.