Gough & Gilmour Holdings Pty Limited & Ors v Caterpillar of Australia Limited & Anor [2003] NSWIRComm 3

Gough & Gilmour Holdings Pty Limited & Ors v Caterpillar of Australia Limited & Anor [2003] NSWIRComm 3

Having considered the history of the proceedings, the conduct of the parties, the nature of the litigation, the consequences of granting or refusing an extension, the evidence of Ms Pritchard about steps taken since judgment, the complexity of the issues and judgment, other legal issues arising after 19 December 2002, and the respondents' asserted prejudice, the Commission concluded that justice required a limited extension of time for any application for leave to appeal and appeal until 12 noon on Monday, 20 January 2003, but did not justify the declaratory relief or longer alternative relief sought.

Jurisdiction
Australia
Judgment Date
09 January 2003
Procedural Posture
Notice of Motion in an Application Under S106 of the Industrial Relations Act 1996 / Application for Extension of Time for Leave to Appeal and Appeal
Outcome
Application granted in part
Legal Topics
['extension of Time to Appeal' 'leave to Appeal' 'industrial Relations Commission Procedure' 'costs in the Cause']
['industrial Relations' 'appellate Procedure'] ['extension of Time to Appeal' 'leave to Appeal' 'industrial Relations Commission Procedure' 'costs in the Cause']

Case Brief

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Procedural Posture

Notice of Motion in an Application Under S106 of the Industrial Relations Act 1996 / Application for Extension of Time for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether the Commission should declare that the 21 day appeal period under s189(1) did not expire until 21 days after further decision or final orders by Boland J.' 'Whether time should be extended under s189(2) for any application for leave to appeal and appeal.' 'Whether the respondents would suffer prejudice if an extension of time were granted.' 'Whether costs of the Notice of Motion should be costs in the cause.']

Ratio Decidendi

Having considered the history of the proceedings, the conduct of the parties, the nature of the litigation, the consequences of granting or refusing an extension, the evidence of Ms Pritchard about steps taken since judgment, the complexity of the issues and judgment, other legal issues arising after 19 December 2002, and the respondents' asserted prejudice, the Commission concluded that justice required a limited extension of time for any application for leave to appeal and appeal until 12 noon on Monday, 20 January 2003, but did not justify the declaratory relief or longer alternative relief sought.

Court Disposition

Application granted in part

Orders

  • ['The alternative relief sought in the Notice of Motion was rejected.' 'The application for Order No 1 to extend, by declaration, the time for appeal until after Boland J makes further decisions and/or final orders was rejected.' 'The time for any application for Leave to Appeal and Appeal was extended to 12 noon on...