Davis v Ralph Rintoule and Anor [2003] NSWIRComm 256

Davis v Ralph Rintoule and Anor [2003] NSWIRComm 256

Leave to extend time was refused because the applicant did not provide compelling reasons or adequate medical evidence to justify the lengthy delay in bringing the appeal, and no incapacity was established for the relevant period.

Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Determination of Extension Application
Outcome
Application for extension of time refused
Legal Topics
['extension of Time to Appeal' 'settlement at Conciliation' 'joinder of Parties' 'reasonable Excuse for Delay in Appeal']
['industrial Law'] ['extension of Time to Appeal' 'settlement at Conciliation' 'joinder of Parties' 'reasonable Excuse for Delay in Appeal']

Case Brief

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Procedural Posture

Appeal / Application for Extension of Time to Appeal; Determination of Extension Application

Legal Issues

  1. 1 ['Whether compelling reasons exist to grant an extension of time to appeal after one year and ten months since the decision appealed from' 'Whether the applicant’s mental or factual incapacity justifies the delay in bringing the appeal']

Ratio Decidendi

Leave to extend time was refused because the applicant did not provide compelling reasons or adequate medical evidence to justify the lengthy delay in bringing the appeal, and no incapacity was established for the relevant period.

Court Disposition

Application for extension of time refused

Orders

  • ['Costs as agreed or as assessed']