NOONAN v AUSTRALIAN NEWSPRINT MILLS LTD [1994] NSWCA 238

NOONAN v AUSTRALIAN NEWSPRINT MILLS LTD [1994] NSWCA 238

The claimant should be allowed his appeal to proceed out of time due to the unique circumstances where the trial judge expressly relied on the opponent's submission about ongoing employment and noted that, if subsequent events disproved this, the award would be inadequate; thus, the interests of justice require that the appeal be heard.

Parties
Claimant: Noonan; Opponent: Australian Newsprint Mills Ltd
Jurisdiction
Australia
Judgment Date
21 March 1994
Procedural Posture
Motion for Extension of Time to Appeal / Application for Extension of Time to Appeal, Pending Appeal
Outcome
Extension of time to file notice of appeal granted; application for leave to adduce fresh evidence stood over to the appeal; costs of the hearing to be opponent's costs in the appeal; appeal expedited (expedition grade C).
Legal Topics
Extension of Time to Appeal, Admission of Fresh Evidence, Costs, Impairment of Future Earning Capacity
Civil Procedure Extension of Time to Appeal Admission of Fresh Evidence Costs Impairment of Future Earning Capacity

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Parties

Noonan

Claimant

Australian Newsprint Mills Ltd

Opponent

Procedural Posture

Motion for Extension of Time to Appeal / Application for Extension of Time to Appeal, Pending Appeal

Legal Issues

  1. 1 Whether the claimant should be granted an extension of time to appeal
  2. 2 Whether there is a real prospect that fresh evidence could be admitted on appeal

Ratio Decidendi

The claimant should be allowed his appeal to proceed out of time due to the unique circumstances where the trial judge expressly relied on the opponent's submission about ongoing employment and noted that, if subsequent events disproved this, the award would be inadequate; thus, the interests of justice require that the appeal be heard.

Court Disposition

Extension of time to file notice of appeal granted; application for leave to adduce fresh evidence stood over to the appeal; costs of the hearing to be opponent's costs in the appeal; appeal expedited (expedition grade C).

Orders

  • Extension of time for filing notice of appeal until 10 December 1993.
  • Application for leave to adduce fresh evidence stood over to the hearing of the appeal.