Gonzalez v Gutierrez-Perez [2013] FCA 386
The application for an extension of time was dismissed because the proposed appeal had no real prospects of success: the applicant did not establish that Ms Gutierrez-Perez was not employed for the requisite period, and it would be futile to grant an extension of time even if the delay were otherwise satisfactorily...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 17 April 2013
- Procedural Posture
- Application for an Extension of Time to Appeal Against an Order of the Chief Industrial Magistrate / Application Dismissed
- Outcome
- Application dismissed.
- Legal Topics
- ['extension of Time to Appeal' 'long Service Leave Entitlements' 'prospects of Success on Appeal']
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for an Extension of Time to Appeal Against an Order of the Chief Industrial Magistrate / Application Dismissed
Legal Issues
- 1 ['Whether the Court should extend time to appeal against the order made by the chief industrial magistrate on 22 January 2013.' 'Whether the proposed appeal had sufficient merit, including whether Ms Gutierrez-Perez was employed for the requisite period for a long service leave claim.']
Ratio Decidendi
The application for an extension of time was dismissed because the proposed appeal had no real prospects of success: the applicant did not establish that Ms Gutierrez-Perez was not employed for the requisite period, and it would be futile to grant an extension of time even if the delay were otherwise satisfactorily explained.
Court Disposition
Application dismissed.
Orders
- ['The application be dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment