If leave to proceed is granted, the applicant may then bring judicial review proceedings. A notice of motion should be prepared and, along with the court order granting leave to proceed with the judicial review and both the statement of grounds and the affidavit prepared for the earlier stage, served on all persons directly affected by the application.
Statement of Opposition:
A respondent who wishes to oppose an application for judicial review is required to file a Statement of Opposition, and may file a replying affidavit contesting the facts set out by the applicant. Once the pleadings have closed, the matter proceeds to a hearing.
The judicial review procedure provides for a timely manner of reviewing the decisions of administrative bodies. Order 84, Rule 21(1) of the Rules of the Superior Courts 1986 lays down the requirements in relation to time limits in conventional judicial review proceedings. It provides that an application for leave to apply for judicial review must be made “promptly and within three months from the date when grounds for the application first arose, or six months if the relief sought is certiorari, unless the court considers that there is good reason for extending the period within which the application shall be made”. (Certiorari means to have the decision quashed.)
While there have been very few examples of cases in which judicial review has been refused on grounds of lack of promptness even within the three or six month time periods specified in the rules, this may happen. In its analysis as to whether good reason for an extension of time exists, the courts will look to the merits of the case at hand. To ensure consistency, the onus lies on the applicant to establish good reason to extend time.