Mazukov v University of Tasmania

Case [2000] FCA 1091


FEDERAL COURT OF AUSTRALIA

Mazukov v University of Tasmania [2000] FCA 1091

NO QUESTION OF PRINCIPLE

Administrative Decisions (Judicial Review) Act 1977 (Cth) s11(3)

Acts Interpretation Act 1901 (Cth)

Glasson v Parkes Rural Distributions Proprietary Limited (1984) 155 CLR 234 applied

IVAN ANTONOV MAZUKOV v THE UNIVERSITY OF TASMANIA

T 14 of 2000

MARSHALL J
HOBART
4 AUGUST 2000


IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY

T 14 of 2000

BETWEEN:

IVAN ANTONOV MAZUKOV
APPLICANT

AND:

THE UNIVERSITY OF TASMANIA
RESPONDENT

JUDGE:

MARSHALL J

DATE OF ORDER:

4 AUGUST 2000

WHERE MADE:

HOBART

THE COURT ORDERS THAT:

1.The applicant be refused leave for an extension of time within which to bring the application.

2.The applicant pay the respondent’s costs.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY

T 14 of 2000

BETWEEN:

IVAN ANTONOV MAZUKOV
APPLICANT

AND:

THE UNIVERSITY OF TASMANIA
RESPONDENT

JUDGE:

MARSHALL J

DATE:

4 AUGUST 2000

PLACE:

HOBART

REASONS FOR JUDGMENT

  1. This matter was called on for directions this morning. Mr M O’Farrell, of counsel, appeared for the respondent. There was no appearance by the applicant. Mr O’Farrell sought that the Court decline to extend the time within which the application could be made.

  2. The application was purportedly made under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“the Act”). The application was filed on 5 July 2000 in respect of a decision made by the respondent on 23 February 2000, some 14 weeks after the expiry of the 28 day time limit provided for in s11(3) of the Act.

  3. I have no jurisdiction to deal with the application unless an order is made for an extension of time. One matter critical to the exercise of that discretion is the prospect of success of the application. I have formed the view that I should not extend time as the application is fundamentally flawed and has no prospect of success. The decision made by Mr Blow QC (as he then was) on behalf of the respondent was not a decision made “under an enactment”. It was not a decision made under a Federal Act. See s38 of the Acts Interpretation Act 1901 (Cth) and Glasson v Parkes Rural Distributions Proprietary Limited (1984) 155 CLR 234 at 241 per Gibbs CJ, Mason, Murphy, Wilson and Brennan JJ.

  1. The Court will order as follows:

    1.   The applicant be refused leave for an extension of time within which to bring the application.

    2.   The applicant pay the respondent’s costs.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated:             8 August 2000

There was no appearance by the applicant.
Counsel for the Respondent: Mr M O'Farrell
Solicitor for the Respondent: Dobson Mitchell & Allport
Date of Directions Hearing: 4 August 2000
Date of Judgment: 4 August 2000 (ex-tempore as revised from transcript)
Details
AGLC
Mazukov v University of Tasmania [2000] FCA 1091
Case
[2000] FCA 1091
Decision Date

CaseChat Overview and Summary

The applicant, Mr. Mazukov, brought an application against the University of Tasmania seeking to extend the time within which he could bring his application. The application was heard in the Federal Court of Australia. Mr. Mazukov sought an extension of time to bring his application for judicial review of a decision by the University to terminate his employment.

The legal issues before the court were whether Mr. Mazukov had a sufficient basis to support an extension of time to bring his application and whether he had demonstrated any special or extraordinary circumstances which might warrant such an extension. The court noted that Mr. Mazukov had failed to provide any explanation for the delay in bringing his application and had not demonstrated any special or extraordinary circumstances that might warrant an extension of time.

The court held that there was no sufficient basis for Mr. Mazukov to be granted leave for an extension of time within which to bring his application. The court noted that Mr. Mazukov had failed to provide any explanation for the delay in bringing his application and had not demonstrated any special or extraordinary circumstances that might warrant an extension of time. The court also held that the applicant must pay the respondent's costs.

Orders

Orders of the court

1. The applicant be refused leave for an extension of time within which to bring the application.

2. The applicant pay the respondent’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

MARSHALL J

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Ratio Decidendi

Legal Principle Established

Established by: MARSHALL J

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