J & M LOJE BUILDING CONTRACTORS PTY LTD v LOJE [1995] NSWCA 213

J & M LOJE BUILDING CONTRACTORS PTY LTD v LOJE [1995] NSWCA 213

The Court held that the importance of allowing the issue concerning the award of Commissioner Grayson to be before the Court outweighed the delay in filing, especially in the absence of prejudice to the opponent. Accordingly, the extension of time to file a notice of cross-appeal was granted.

Parties
Opponent: J & M LOJE BUILDING CONTRACTORS PTY LTD; Claimant: LOJE
Jurisdiction
Australia
Judgment Date
10 April 1995
Procedural Posture
Motion for Extension of Time (appellate) / Application for Extension of Time to File Notice of Cross Appeal
Outcome
Application granted
Legal Topics
Extension of Time, Cross Appeal, Worker Status
Civil Procedure Workers Compensation Extension of Time Cross Appeal Worker Status

Case Brief

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Parties

J & M LOJE BUILDING CONTRACTORS PTY LTD

Opponent

LOJE

Claimant

Procedural Posture

Motion for Extension of Time (appellate) / Application for Extension of Time to File Notice of Cross Appeal

Legal Issues

  1. 1 Whether time to file notice of cross appeal should be extended
  2. 2 Whether delay in filing notice of cross appeal was satisfactorily explained
  3. 3 Whether the award of Commissioner Grayson should be confirmed

Ratio Decidendi

The Court held that the importance of allowing the issue concerning the award of Commissioner Grayson to be before the Court outweighed the delay in filing, especially in the absence of prejudice to the opponent. Accordingly, the extension of time to file a notice of cross-appeal was granted.

Court Disposition

Application granted

Orders

  • Time to file notice of cross appeal extended up to and including 13 April 1995
  • No order as to costs