Chand v RailCorp [2010] NSWCA 233

Chand v RailCorp [2010] NSWCA 233

The dictates of justice required that time be extended because the delay of approximately five weeks was not inordinate, Ms Chand provided an explanation for the delay including her self-represented status, medical and emotional strain, related appeal preparation and misunderstanding of the rules, her default was not contumelious, and her proposed application for leave to appeal was fairly arguable, particularly as to the Appeal Panel's treatment of s 88 of the ADT Act and the legality of the adjournment costs orders. For the same reasons, RailCorp's motion to strike out the summons for non-compliance with UCPR 51.9 was dismissed.

Jurisdiction
Australia
Judgment Date
06 September 2010
Procedural Posture
Application for Extension of Time to File Summons Seeking Leave to Appeal and Notice of Motion to Strike Out Summons / Court of Appeal Procedural Ruling on Two Notices of Motion
Outcome
Extension of time granted; RailCorp's notice of motion dismissed; each party to bear own costs of the two notices of motion.
Legal Topics
['extension of Time' 'leave to Appeal' 'strike Out for Non Compliance With Rules' 'costs' 'dictates of Justice']
['civil Procedure' 'administrative Law' 'anti Discrimination Law'] ['extension of Time' 'leave to Appeal' 'strike Out for Non Compliance With Rules' 'costs' 'dictates of Justice']

Case Brief

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Procedural Posture

Application for Extension of Time to File Summons Seeking Leave to Appeal and Notice of Motion to Strike Out Summons / Court of Appeal Procedural Ruling on Two Notices of Motion

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file her summons seeking leave to appeal from the Administrative Decisions Tribunal Appeal Panel costs decision.' "Whether RailCorp's notice of motion to strike out the summons for failure to comply with UCPR 51.9 should be dismissed." 'Whether the applicant had advanced an explanation for delay and a fairly arguable case.' 'What costs order should be made on the two notices of motion.']

Ratio Decidendi

The dictates of justice required that time be extended because the delay of approximately five weeks was not inordinate, Ms Chand provided an explanation for the delay including her self-represented status, medical and emotional strain, related appeal preparation and misunderstanding of the rules, her default was not contumelious, and her proposed application for leave to appeal was fairly arguable, particularly as to the Appeal Panel's treatment of s 88 of the ADT Act and the legality of the adjournment costs orders. For the same reasons, RailCorp's motion to strike out the summons for non-compliance with UCPR 51.9 was dismissed.

Court Disposition

Extension of time granted; RailCorp's notice of motion dismissed; each party to bear own costs of the two notices of motion.

Orders

  • ['Extend the time in which the applicant may file her summons seeking leave to appeal from the decision of the Administrative Decisions Tribunal Appeal Panel of 2 March 2010 to and including 28 June 2010.' 'Dismiss the notice of motion filed by RailCorp on 12 July 2010.' 'Each party to bear her and its own costs of...