Liverpool/Fairfield Disabled Persons Resource Service Inc v Liew [2002] NSWCA 31

Liverpool/Fairfield Disabled Persons Resource Service Inc v Liew [2002] NSWCA 31

Procedural defects including absence of notice of motion and affidavit explaining delay, and missing vital evidence, together with lack of any substantial injustice or important legal point, justify rejecting extension of time and dismissing leave to appeal. The quantum at stake is small and the matter raises no issue of general importance.

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Application for Leave to Appeal / Appeal – Summons Seeking Leave to Appeal
Outcome
Summons for Leave to Appeal dismissed; claimant to pay opponent's costs of the Summons.
Legal Topics
['damages for Permanent Impairment' 'procedure Relating to Late Appeal' 'liability and Quantum' 'application of Supreme Court Rules']
['workers Compensation' 'personal Injury'] ['damages for Permanent Impairment' 'procedure Relating to Late Appeal' 'liability and Quantum' 'application of Supreme Court Rules']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Appeal – Summons Seeking Leave to Appeal

Legal Issues

  1. 1 ['Whether procedural defects warrant refusal of extension of time' 'Whether strict application of Supreme Court Rules would occasion injustice' 'Whether there was sufficient evidence for permanent loss or impairment' "Proper meaning of 'permanent' in Workers Compensation context"]

Ratio Decidendi

Procedural defects including absence of notice of motion and affidavit explaining delay, and missing vital evidence, together with lack of any substantial injustice or important legal point, justify rejecting extension of time and dismissing leave to appeal. The quantum at stake is small and the matter raises no issue of general importance.

Court Disposition

Summons for Leave to Appeal dismissed; claimant to pay opponent's costs of the Summons.

Orders

  • ['The Summons for Leave to Appeal dated 23 July 2001 is dismissed.' "The claimant is ordered to pay the opponent's costs of the Summons."]