Trade Practices Commission v Arnotts Ltd

The Federal Court of Australia was asked to decide whether the applicants could extend the time limit to file an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977. The applicants, who were grape growers, sought to challenge quarantine orders placed on their vines by the respondents, who were government officers. The applicants had originally sought reasons for the quarantine orders in March 1988 but did not file the application for review until April 1989. The court had to determine whether the delay was justifiable and whether an extension of time was appropriate in the circumstances.

The court held that the letter from the applicants' solicitor in March 1988 was a sufficient "request" for reasons under section 13(1) of the Judicial Review Act, which triggered the 28-day time limit for filing an application. However, since the respondents did not provide the requested reasons, the time limit had not yet commenced. The court then considered whether, in its discretion, it should grant an extension of time for the applicants to file their review application. The court found that the applicants had an acceptable explanation for the delay and that it would be fair and equitable to grant the extension, particularly since the respondents would not be prejudiced by the delay. The court also noted that the applicants had an arguable case for review.

The court granted the applicants' motion for an extension of time, allowing them to file their application for review by 27 February 1989. The applicants were ordered to pay the respondents' costs of and occasioned by the application for an extension of time.