Overstead and Australian Postal Corporation (Compensation)

This matter concerned an interlocutory application by Mr Overstead for an extension of time to lodge an application for review with the Tribunal, against the Australian Postal Corporation. The application was opposed by the Australian Postal Corporation.

The Tribunal was required to determine whether to grant Mr Overstead an extension of time to lodge his application for review. In considering this, the Tribunal had to assess whether there was a sufficient explanation for the delay, whether the Australian Postal Corporation would be prejudiced by granting an extension, whether Mr Overstead had reasonable prospects of success, and whether granting an extension would be fair to other persons in similar positions.

The Tribunal accepted the submission that granting an extension would not be fair to other persons in similar positions and was not in the public interest. The reasoning was that it is not in the public interest to permit claims with little or no prospect of success to proceed when time limits have not been met. Consequently, the Tribunal found that it was not reasonable in the circumstances to extend the time for Mr Overstead to make his application for review.