Supreme Court - Trial Division

Devi v Workers Compensation Regulator [2016] QSC 311 (16/5854) Boddice J 22 December 2016

Full-text: QSC16-311.pdf

Catchwords

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – IRRELEVANT CONSIDERATIONS – where the applicant applied to the respondent for an extension of time – where the respondent has a statutory power to grant an extension of time if “special circumstances” exist – where the respondent refused that application – where the applicant applies to this Court for a statutory order of review of the respondent’s decision to refuse her an extension of time – where the applicant submits the respondent took into account considerations irrelevant to whether “special circumstances” existed – whether the respondent took into account irrelevant considerations

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – RELEVANT CONSIDERATIONS – where the applicant applies to this Court for a statutory order of review of the respondent’s decision to refuse her an extension of time – where the applicant submits the respondent failed to take into account considerations relevant to whether “special circumstances” existed – whether the respondent failed to take into account relevant considerations

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – OTHER CASES – where the applicant applies to this Court for a statutory order of review of the respondent’s decision to refuse her an extension of time – where the applicant submits the respondent, in reaching its decision, exercised a discretionary power in accordance with a rule or policy without regard to the merit of the case – whether the respondent had regard to the merits of the case in reaching its decision

ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF REVIEW – ERROR OF LAW – where the applicant applies to this Court for a statutory order of review of the respondent’s decision to refuse her an extension of time – where the applicant submits the respondent’s decision involved an error of law by failing to apply the correct statutory test – whether the respondent’s decision involved an error of law