Makings and K & S Freighters Pty Ltd (Compensation)

The Administrative Appeals Tribunal considered an application for an extension of time by the Applicant, Mr. Makings, in relation to a compensation claim against K & S Freighters Pty Ltd. The Applicant sought to review a decision made on 1 September 2015, which declined liability for a "frank injuries" claim. The application for review was lodged approximately 19 months out of time.

The primary legal issues before the Tribunal were to identify the specific decision under review, determine whether the application was made outside the statutory time limits, and if so, whether the Tribunal's discretion to extend time should be exercised. The Tribunal also considered whether there were any other grounds upon which the application should be allowed to continue.

The Tribunal reasoned that the application was indeed out of time and that the Applicant's explanation for the significant delay was unsatisfactory, particularly given his access to legal advice. While acknowledging some prospects of success for the "frank injuries" claim and the existence of alternative avenues for compensation, the Tribunal found that the lengthy delay and the Applicant's conduct, including periods of non-communication, caused significant prejudice to the Respondent. The Tribunal applied the principles established in cases such as *Telstra Corp Ltd v Hannaford* and *Brisbane South Regional Health Authority v Taylor*, emphasising that the discretion to extend time should only be exercised where justice between the parties and the broader legal system is best served.

Ultimately, the Tribunal concluded that it would be inappropriate to exercise its discretion to extend the time for the application. Consequently, the application for an extension of time was refused.