Nicolson and Minister for Finance

The matter before Senior Member B J Illingworth concerned an application by the Applicant for an extension of time to lodge an application for review of a compensation offer made by the Respondent, the Minister for Finance, in relation to the compulsory acquisition of farming property. The Applicant, a director and shareholder of Middleback Investments Pty Ltd, had occupied a dwelling on the property under an unwritten lease. The Applicant and Middleback were aware of the compulsory acquisition from 2005, and received an Acquisition Notice in October 2012, requiring them to vacate within 56 days. The Applicant and Middleback vacated in 2013 and subsequently entered into negotiations for compensation, represented by legal practitioners.

The Applicant sought an extension of time to apply for a review of a final compensation offer of $44,227.24 received on 21 December 2017, which he considered significantly less than his claimed amounts exceeding $300,000.00. The Applicant argued that his delay in lodging the review application, which was approximately 60 weeks out of time, was due to stress and distress caused by the compulsory acquisition and the conduct of the Commonwealth and the Minister. He also cited ongoing depression, exacerbated by his father's passing and the need to support his mother, as well as employment undertaken due to loss of business and livelihood, which took him away from his usual access to legal advice and communication services.

The Tribunal considered the factors outlined in *Hunter Valley Developments Pty Ltd v Cohen*, including the explanation for the delay, the strength of the Applicant's case, significant issues to be determined, prejudice to the Respondent, and whether the Applicant had been resting on his rights. The Tribunal accepted the Applicant's submissions regarding his personal circumstances and their impact on his decision-making. It found that the delay did not cause detriment to the Respondent and that there was a need to determine the competing interests of the Applicant and Middleback to ensure justice.

Accordingly, the Tribunal was satisfied that it was reasonable in all the circumstances to extend the period of time within which the Applicant could file an application for review to 17 June 2019. The application for an extension of time was granted.