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Time limits applicable to Part 9 judicial review
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281. (1) Subject to subsections (2) and (4), Part 9 judicial review shall not be commenced after the expiry of the period of 8 weeks beginning on the date of—
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(a) the decision to which the proceedings relate, or would relate if the proceedings were commenced,
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(b) the doing of the act to which the proceedings relate, or would relate if the proceedings were commenced, or
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(c) the failure to perform the function to which the proceedings relate, or would relate if the proceedings were commenced,
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as the case may be.
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(2) A party may, by motion on notice (grounded in the manner specified in the applicable Rules of the Superior Courts) apply to the High Court for an order granting the party an extension of time to commence Part 9 judicial review proceedings outside the period referred to in subsection (1).
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(3) The High Court may grant an order under subsection (2), and make such consequential orders as it considers appropriate in the circumstances, if it is satisfied that—
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(a) there is good and sufficient reason for doing so, and
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(b) the circumstances that resulted in—
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(i) the proceedings being brought outside the period referred to in subsection (1), and
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(ii) the delay, if any, between the expiry of the period referred to in subsection (1) and the proceedings being brought,
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were outside the control of the party applying for the extension and the legal practitioners advising that party in relation to the application.
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(4) Without prejudice to applicable Rules of the Superior Courts, where the period within which Part 9 judicial review proceedings must be taken expires on a day that is a Saturday, a Sunday or a public holiday, the period shall be deemed to expire on the next day, following that day, that is not a Saturday, a Sunday or a public holiday.
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