Zablotsky and Swire Pacific Ship Management (Australia) Pty Ltd (Compensation)

This matter concerned an application by Zablotsky for an extension of time to seek an internal review of a decision made by Swire Pacific Ship Management (Australia) Pty Ltd. The application was heard by O'Donovan SM.

The primary legal issue before the court was whether to grant an extension of time for the applicant to seek an internal review under the *Seafarers Act*. This involved considering the court's discretion to grant such an extension, particularly in light of the significant delay and the merits of the substantive application.

In determining whether to grant the extension, the court applied principles regarding the assessment of the merits of a substantive application. It was held that while an obvious strength or weakness in the applicant's case is a relevant factor, it is inappropriate to thoroughly investigate the merits at this stage. The court noted that an extension should not be granted if the substantive application is not reasonably arguable, and that plainly strong or weak prospects of success may be relevant. However, the court emphasised that the *Seafarers Act* sets a time limit for review requests, and a delay of over six and a half years, with no substantive action taken for a significant period, was contrary to the parliamentary expectation of prompt dispute resolution. The court considered that granting an extension of such magnitude would only be appropriate in the rarest of cases.

The court ultimately refused to grant the extension of time.