Vierow v Ridge Consolidated Pty Ltd [2002] NSWIRComm 60

Vierow v Ridge Consolidated Pty Ltd [2002] NSWIRComm 60

In the particular circumstances, including the explanation that the appeal was lodged out of time because legal representatives overlooked the shorter 21 day period in s 197A(5), and taking into account but not predominantly relying on the respondent's lack of opposition, the proper exercise of discretion was to grant the extension of time.

Jurisdiction
Australia
Judgment Date
18 March 2002
Procedural Posture
Application for Extension of Time to Appeal Against Acquittal / Application by Work Cover Authority of New South Wales for Leave to Extend Time to Appeal and to Appeal Against a Decision of Justice Peterson Given on 8 February 2002
Outcome
Application granted; costs reserved.
Legal Topics
['extension of Time to Appeal' 'appeal Against Acquittal' 'discretion' 'time Limit for Lodging Appeal' 'costs Reserved']
['industrial Relations' 'occupational Health and Safety' 'practice and Procedure'] ['extension of Time to Appeal' 'appeal Against Acquittal' 'discretion' 'time Limit for Lodging Appeal' 'costs Reserved']

Case Brief

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Procedural Posture

Application for Extension of Time to Appeal Against Acquittal / Application by Work Cover Authority of New South Wales for Leave to Extend Time to Appeal and to Appeal Against a Decision of Justice Peterson Given on 8 February 2002

Legal Issues

  1. 1 ["Whether time should be extended to permit an appeal against Justice Peterson's decision given on 8 February 2002." 'Whether the mistaken assumption by legal representatives about the appeal period under s 197A of the Industrial Relations Act 1996 justified an extension of time.' "What weight should be given to the respondent's lack of opposition to the application."]

Ratio Decidendi

In the particular circumstances, including the explanation that the appeal was lodged out of time because legal representatives overlooked the shorter 21 day period in s 197A(5), and taking into account but not predominantly relying on the respondent's lack of opposition, the proper exercise of discretion was to grant the extension of time.

Court Disposition

Application granted; costs reserved.

Orders

  • ['The application is granted.' 'The question of costs is reserved.']