Alternative Wheel Aligning Pty Ltd and Adrian Robert Chin [2002] NSWIRComm 199

Application to extend time granted due to short delay, partial filing of application within time, and potential injustice if extension refused; stay previously ordered is lifted as there is no factual basis to maintain it.

Parties: Appellant: Alternative Wheel Aligning Pty Ltd; Respondent: Adrian Robert Chin
Jurisdiction: Australia
Judgment Date: 06 August 2002
Procedural Posture: Appeal / Application to Extend Time to Appeal and Consideration of Stay Pending Appeal
Outcome: Application to extend time to appeal granted; provisional stay lifted; directions given for hearing.
Legal Topics: Extension of Time to Appeal, Stay of Orders, Procedural Delay, Prospects of Appeal, Financial Capacity

Industrial Relations Extension of Time to Appeal Stay of Orders Procedural Delay Prospects of Appeal Financial Capacity

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Parties

Alternative Wheel Aligning Pty Ltd

Appellant

Adrian Robert Chin

Respondent

Procedural Posture

Appeal / Application to Extend Time to Appeal and Consideration of Stay Pending Appeal

Legal Issues

1 Whether the time for bringing an appeal should be extended
2 Whether a stay should be continued pending appeal

Ratio Decidendi

Court Disposition

Application to extend time to appeal granted; provisional stay lifted; directions given for hearing.

Orders

Time for bringing appeal extended so that the appeal is deemed in time.
Stay earlier ordered provisionally is lifted.