Xardia v Comcare

FEDERAL COURT OF AUSTRALIA

Xardia v Comcare [2015] FCA 98

Citation:	Xardia v Comcare [2015] FCA 98
Appeal from:	Application for an extension of time: Xardia and Comcare [2014] AATA 487
Parties:	NAKITA XARDIA v COMCARE
File number:	NSD 12 of 2015
Judge:	NICHOLAS J
Date of judgment:	19 February 2015
Legislation:	Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A) Safety, Rehabilitation and Compensation Act 1988 (Cth) s 14
Date of hearing:	19 February 2015
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	16
Counsel for the Applicant:	The applicant appeared in person
Solicitor for the Respondent:	Ms B Audsley of Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 12 of 2015

BETWEEN:	NAKITA XARDIA Applicant
AND:	COMCARE Respondent

JUDGE:	NICHOLAS J
DATE OF ORDER:	19 FEBRUARY 2015
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time is dismissed.

2.The applicant is to pay the respondent’s costs of the application.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 12 of 2015

BETWEEN:	NAKITA XARDIA Applicant
AND:	COMCARE Respondent

JUDGE:	NICHOLAS J
DATE:	19 FEBRUARY 2015
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Before me is an application filed by the applicant seeking an extension of time under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) to appeal a decision of the Administrative Appeals Tribunal made on 17 July 2014. The respondent to the present application was the respondent to the application for review heard and determined by the Tribunal. The respondent opposes the application for an extension of time.

2. The applicant appeared for herself.  She indicated that she was content for me to proceed to hear the application for an extension of time today.  Unfortunately, no intelligible submissions were advanced by the applicant in support of her application.  Rather, the applicant instead delivered a tirade about which I need say nothing more except that it is quite obvious that the applicant is unwell.

3. The application for an extension was not filed until 9 January 2015.  In the evidence before me there is a photocopy of a medical certificate of a Dr Thomas Springer dated 9 December 2014.  Dr Springer states:

   Ms Nakita Xardia that [sic] she was unable to appeal her COMCARE case due to stress related physical injury but would now like to. 

   This Certificate was completed on 9/12/2014.

4. The applicant’s affidavit in support of her application for an extension sheds no further light on her circumstances or the reasons for the delay in seeking to appeal the Tribunal’s decision.  It describes her occupation as “disgraced former employee”. 

5. The applicant has not provided any proposed grounds of appeal so I do not know what question of law she seeks to raise in her proposed appeal. 

6. The Court has a broad discretion as to whether or not to grant an…