DERRON v BROKEN HILL PROPRIETARY COMPANY LIMITED [1996] NSWCA 153

DERRON v BROKEN HILL PROPRIETARY COMPANY LIMITED [1996] NSWCA 153

The prospects of the claimant succeeding in the appeal, if allowed to proceed, were so slim as not to justify the exercise of discretion to grant extension of time. The original findings of fact concerning the cessation of the psychoneurotic condition relied upon by the claimant were found to be sound and not susceptible to successful challenge.

Parties
Claimant: Derron; Employer: Broken Hill Proprietary Company Limited
Jurisdiction
Australia
Judgment Date
29 April 1996
Procedural Posture
Application for Discharge of Orders and Extension of Time for Appeal / Court of Appeal Determination
Outcome
application dismissed with costs
Legal Topics
Extension of Time, Termination of Award, Psycho Neurotic Injury, Credibility of Witnesses
Workers Compensation Extension of Time Termination of Award Psycho Neurotic Injury Credibility of Witnesses

Case Brief

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Parties

Derron

Claimant

Broken Hill Proprietary Company Limited

Employer

Procedural Posture

Application for Discharge of Orders and Extension of Time for Appeal / Court of Appeal Determination

Legal Issues

  1. 1 Should the extension of time for lodging appeal be granted?
  2. 2 Did Judge Burke correctly find that the claimant no longer suffered from the psychoneurotic condition related to workplace injury?
  3. 3 Are the prospects of appeal sufficient to justify discretionary relief?

Ratio Decidendi

The prospects of the claimant succeeding in the appeal, if allowed to proceed, were so slim as not to justify the exercise of discretion to grant extension of time. The original findings of fact concerning the cessation of the psychoneurotic condition relied upon by the claimant were found to be sound and not susceptible to successful challenge.

Court Disposition

application dismissed with costs

Orders

  • Application for discharge of Meagher JA's orders is dismissed.
  • Claimant to pay costs.