Riva NSW Pty Ltd v Mark a Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (No 3)

The Supreme Court of New South Wales, Court of Appeal, considered an application by Riva NSW Pty Ltd for an extension of time to commence judicial review proceedings against Fraser Clancy Lawyers. The dispute concerned a decision made by the respondent, and the applicant sought to challenge this decision years after it was made.

The primary legal issue before the Court was whether the applicant had established a sufficient basis to warrant an extension of time for the commencement of judicial review proceedings. This involved an assessment of the applicant's delay and any reasons provided for that delay.

Leeming JA dismissed the summons, finding that no proper basis had been made out for granting an extension of time. The Court applied the principles governing applications for extensions of time in judicial review, which require a compelling explanation for any significant delay. In this instance, the applicant's delay was substantial, and the reasons provided were insufficient to justify overriding the usual time limits for commencing such proceedings.

Consequently, the Court ordered that the summons filed on 8 November 2018 be dismissed, and that the applicants pay the respondent's costs.