Said Jawid Adilzada v The Nominal Defendant

The applicant, Said Jawid Adilzada, brought a claim against the defendant, The Nominal Defendant, in the Federal Circuit and Family Court of Australia. The dispute centres on the applicant's request for leave to commence proceedings late, specifically in relation to a visa application lodged by the applicant. The applicant had previously been granted leave to bring the claim out of time, but that leave was subsequently set aside by the Court. The matter before the Court was the applicant's application for leave to recommence the proceedings out of time.

The central legal issues for the Court to determine were whether the applicant had a bona fide prospect of establishing a cause of action, and whether it was in the interests of justice to grant the application for leave to recommence the proceedings out of time. The Court considered the factors relevant to these issues, including the applicant's explanation for the delay, the merits of the case, and the potential prejudice to the defendant if the application were granted.

In dismissing the application, the Court found that the applicant had not demonstrated a bona fide prospect of establishing a cause of action, and that it was not in the interests of justice to grant the application. The Court noted that the applicant had not provided a satisfactory explanation for the delay in bringing the claim, and that the case had limited prospects of success. The Court also found that the applicant had not demonstrated that it was in the interests of justice to grant the application, as the delay had caused significant prejudice to the defendant. The Court concluded that the application should be dismissed.

The Court dismissed the defendant's Notice of Motion and made orders as set out in [64].