Khan and National Australia Bank Limited (Compensation)

This matter concerned an application by National Australia Bank Limited (NAB) to dismiss the substantive application filed by the Applicant, Mr Khan. The dispute arose from Mr Khan's failure to proceed with his application in a timely manner. The decision was made by A Poljak SM in the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was whether it was satisfied that the Applicant had failed to proceed with his application within a reasonable time, and consequently, whether the substantive application had no reasonable prospects of success, warranting its dismissal.

The Tribunal considered the Applicant's conduct and found that he had indeed failed to proceed with his application within a reasonable time. The Tribunal noted that witness statements filed after the conclusion of the hearing, without leave, were not properly before it as evidence for the dismissal application. Applying section 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth), the Tribunal was satisfied that the Applicant had failed to proceed with the application for review in a timely manner.

Consequently, the Tribunal ordered the dismissal of the Applicant's application.