Davies v Transport Accident Commission [2000] VSC 379

Supreme Court of Victoria|2000-09-18|Before: Eames J

The application for an extension of time under s.148(3) for the institution of the appeal will be granted.

1. I order that the applicant's application for an extension of time made pursuant to s.148(5) of the Victorian Civil and Administrative Tribunal Act 1998 be granted.

3. I order that the matter be referred back to Master Wheeler for further directions to be held on 18 October 2000. 4. I order that the applicant's solicitor pay the respondent's costs of this application.

It seems to me the failure to institute the appeal is plainly no fault of the applicant's. He is the victim of what, on the face of it, is plain negligence of his solicitors in complying with the requirements that I have described. That in my view is a significant factor in favour of granting the extension of time. It is, of course, not the sole consideration. I was referred by counsel in their helpful submissions to a number of authorities relevant to the principles which I should apply in considering the application. I refer to just a couple of the cases which were cited to me. In Jackamarra v. Krakouer and Another [1998] HCA 27; (1998) 153 A.L.R. 276, Brennan and McHugh, JJ., at 278 in a joint judgment, said this:

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