Chicken Extra Ingleburn Pty Ltd v Mina Hanna [2009] NSWIRComm 118

Chicken Extra Ingleburn Pty Ltd v Mina Hanna [2009] NSWIRComm 118

The appellant failed to prosecute the appeal diligently or at all, did not comply with procedural directions, failed to provide satisfactory explanations for delay or non-compliance, and had not complied with prior orders. Justice required that leave to appeal be refused and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
04 August 2009
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and the Appeal Itself
Outcome
Leave to appeal refused and appeal dismissed. Appellant to pay respondent's costs.
Legal Topics
['procedural Fairness' 'appeal Procedure' 'self Represented Parties' 'adjournment' 'costs']
['industrial Law'] ['procedural Fairness' 'appeal Procedure' 'self Represented Parties' 'adjournment' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and the Appeal Itself

Legal Issues

  1. 1 ['Whether lack of legal representation of the appellant resulted in denial of procedural fairness' 'Whether the appeal should be permanently stayed or dismissed for lack of prosecution']

Ratio Decidendi

The appellant failed to prosecute the appeal diligently or at all, did not comply with procedural directions, failed to provide satisfactory explanations for delay or non-compliance, and had not complied with prior orders. Justice required that leave to appeal be refused and the appeal dismissed.

Court Disposition

Leave to appeal refused and appeal dismissed. Appellant to pay respondent's costs.

Orders

  • ['If leave to appeal is required, leave to appeal is refused and the appeal is dismissed. If leave is not required, the appeal is dismissed.' "The appellant shall pay the respondent's costs on appeal as agreed or as assessed."]