M1 v R1

The applicant, M1, sought an extension of time to file a summons for judicial review against the respondent, R1. The matter was heard by Leeming and Mitchelmore JJA, and Price AJA.

The central legal issue before the court was whether to grant M1 an extension of time to pursue its judicial review application, given the significant delay in filing and the nature of the grounds of review. The court was required to consider the applicant's explanation for the delay, the merits of the proposed grounds of review, and whether there was any public interest in granting the extension.

The Court of Appeal refused the application for an extension of time. Their Honours found that no reviewable error had been established by M1, and importantly, there was no satisfactory explanation provided for the considerable delay in commencing proceedings. Furthermore, the court determined that there was a lack of merit in the grounds of review and no compelling public interest that would justify granting an extension.

Consequently, the extension of time to file the summons, which had been amended pursuant to leave granted on 4 August 2024, was refused, and M1 was ordered to pay the costs of the proceedings.