ABALink Early Intervention Services Pty Ltd v Danford [2019] NSWCA 97
No error of principle or material error in the application of principle to the facts was demonstrated, and no significant prejudice to applicant shown to justify refusal of leave. Grounds of appeal either misconstrued primary judge's reasoning or raised matters not advanced below. Leave to appeal refused.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 06 May 2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Dismissed
- Outcome
- Summons seeking leave to appeal dismissed, with costs
- Legal Topics
- ['extension of Limitation Period' 'leave to Appeal' 'prejudice From Delay' 'work Injury Damages']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Leave to Appeal / Application for Leave to Appeal Dismissed
Legal Issues
- 1 ['Whether the delay in notifying intention to commence proceedings is adequately explained' 'Whether actual and presumptive prejudice to the applicant justifies refusing extension' 'Whether there was error of principle in granting leave under s 151D of the Workers Compensation Act 1987 (NSW)']
Ratio Decidendi
No error of principle or material error in the application of principle to the facts was demonstrated, and no significant prejudice to applicant shown to justify refusal of leave. Grounds of appeal either misconstrued primary judge's reasoning or raised matters not advanced below. Leave to appeal refused.
Court Disposition
Summons seeking leave to appeal dismissed, with costs
Orders
- ['Summons seeking leave to appeal filed on 16 January 2019 dismissed, with costs']
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