GIO WORKERS COMPENSATION v MERCANTILE MUTUAL INSURANCE (AUSTRALIA) LTD [1998] NSWCA 94

GIO WORKERS COMPENSATION v MERCANTILE MUTUAL INSURANCE (AUSTRALIA) LTD [1998] NSWCA 94

Registrar's exercise of discretion refusing leave was based on irrelevant consideration of prejudice; discretion should be exercised afresh and leave granted for filing notice of appeal out of time, extension of time is appropriate as appeal is as of right and intention was notified.

Parties
Claimant: GIO Workers Compensation; Opponent: Mercantile Mutual Insurance (Australia) Ltd
Jurisdiction
Australia
Judgment Date
27 April 1998
Procedural Posture
Appeal / Application for Extension of Time/leave to Appeal
Outcome
Appeal allowed; leave to appeal out of time granted; costs ordered against claimant.
Legal Topics
Extension of Time, Leave to Appeal, Costs
Civil Procedure Insurance Extension of Time Leave to Appeal Costs

Case Brief

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Parties

GIO Workers Compensation

Claimant

Mercantile Mutual Insurance (Australia) Ltd

Opponent

Procedural Posture

Appeal / Application for Extension of Time/leave to Appeal

Legal Issues

  1. 1 Whether the Registrar erred in refusing leave to file notice of appeal out of time
  2. 2 Whether alleged prejudice to opponent was relevant in exercise of discretion in granting extension of time for appeal

Ratio Decidendi

Registrar's exercise of discretion refusing leave was based on irrelevant consideration of prejudice; discretion should be exercised afresh and leave granted for filing notice of appeal out of time, extension of time is appropriate as appeal is as of right and intention was notified.

Court Disposition

Appeal allowed; leave to appeal out of time granted; costs ordered against claimant.

Orders

  • The decision of Registrar Jupp made on 23 March 1998 be set aside.
  • The claimant is to be granted an extension of time to institute an appeal against the decision of Master Malpass of 14 August 1997, that appeal to be filed no later than 4pm today.