Dickson v Downer EDI Works Pty Ltd (No 2) [2014] FCA 1329

No coherent or arguable ground for appeal identified, delay explained by medical condition but insufficient legal merit for granting extension; no costs awarded as application was not bound to fail.

Jurisdiction: Australia
Judgment Date: 05 December 2014
Procedural Posture: Application for Extension of Time to Appeal / Ruling on Application for Extension of Time
Outcome: Application for extension of time refused.
Legal Topics: ['extension of Time' 'adverse Action' 'application of Discretion' 'costs Under Fair Work Act 2009 (cth)']

['employment Law' 'practice and Procedure'] ['extension of Time' 'adverse Action' 'application of Discretion' 'costs Under Fair Work Act 2009 (cth)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Extension of Time to Appeal / Ruling on Application for Extension of Time

Legal Issues

1 ['Whether an extension of time should be granted to file a notice of appeal' 'Whether the applicant provided a plausible explanation for delay' 'Whether there are merits to the proposed appeal' 'Whether costs should be awarded under s 570 of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

No coherent or arguable ground for appeal identified, delay explained by medical condition but insufficient legal merit for granting extension; no costs awarded as application was not bound to fail.

Court Disposition

Application for extension of time refused.

Orders

['The application be refused.' 'No order for costs.']