Nicholas v Australian Offshore Solutions Pty Ltd [2017] FCA 1321

Nicholas v Australian Offshore Solutions Pty Ltd [2017] FCA 1321

The application for an extension of time was dismissed because the applicant failed to comply with the Rules by not serving the application on the respondent and by failing to specify any arguable grounds of appeal. There was no question of law properly raised and no evidence of denial of procedural fairness.

Parties
Applicant: Grant Nicholas; Respondent: Australian Offshore Solutions Pty Ltd
Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Extension of Time and Leave to Appeal / Judgment on Interlocutory Application to Dismiss Proceedings
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Dismissal for Non Compliance, Workers Compensation, Seafarers' Rehabilitation and Compensation
Practice and Procedure Employment Law Compensation Law Extension of Time Leave to Appeal Dismissal for Non Compliance Workers Compensation Seafarers' Rehabilitation and Compensation

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 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Grant Nicholas

Applicant

Australian Offshore Solutions Pty Ltd

Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Judgment on Interlocutory Application to Dismiss Proceedings

Legal Issues

  1. 1 Whether the application for extension of time and leave to appeal should be dismissed for failure to comply with procedural rules
  2. 2 Whether the applicant disclosed arguable grounds of appeal
  3. 3 Whether the applicant was denied a fair hearing

Ratio Decidendi

The application for an extension of time was dismissed because the applicant failed to comply with the Rules by not serving the application on the respondent and by failing to specify any arguable grounds of appeal. There was no question of law properly raised and no evidence of denial of procedural fairness.

Court Disposition

Application dismissed

Orders

  • The application for an extension of time be dismissed.
  • The applicant pay the respondent's costs, to be assessed if not agreed.