Tan v Ikon Communications Pty Ltd [2018] FCA 1240

Tan v Ikon Communications Pty Ltd [2018] FCA 1240

The applicant provided a reasonable explanation for the delay by swearing he did not receive the certificate until 18 April 2018, and there was insufficient evidence of actual prejudice to the respondent to outweigh the applicant's entitlement to proceed; accordingly, the extension of time was granted.

Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
General Protections Application (extension of Time) / Interlocutory; Application for Extension of Time to File Proceeding
Outcome
Application for extension of time granted.
Legal Topics
['extension of Time' 'general Protections Applications' 'receipt of Certificate From Fwc' 'prejudice to Respondent']
['employment Law' 'industrial Relations'] ['extension of Time' 'general Protections Applications' 'receipt of Certificate From Fwc' 'prejudice to Respondent']

Case Brief

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Procedural Posture

General Protections Application (extension of Time) / Interlocutory; Application for Extension of Time to File Proceeding

Legal Issues

  1. 1 ['Whether applicant provided reasonable explanation for delay in filing application under section 370 of the Fair Work Act 2009 (Cth)' 'Whether respondent would suffer prejudice if extension of time were granted']

Ratio Decidendi

The applicant provided a reasonable explanation for the delay by swearing he did not receive the certificate until 18 April 2018, and there was insufficient evidence of actual prejudice to the respondent to outweigh the applicant's entitlement to proceed; accordingly, the extension of time was granted.

Court Disposition

Application for extension of time granted.

Orders

  • ['The time within which the application might commence this proceeding is extended to 2 May 2018.' 'A case management hearing be fixed on a date to be advised.' 'By 27 August 2018, the respondent to file and serve its defence.' 'The matter is referred to mediation by a Registrar of the Court, such mediation to occur...