Der & Anor v King [2011] NSWLEC 23

Der & Anor v King [2011] NSWLEC 23

The appellants failed to particularise any grounds of appeal constituting an error of law, and failed to establish any issue warranting overturning the Commissioner's decision; accordingly, the extension of time was granted but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2011
Procedural Posture
Appeal / Judgment on Extension of Time and Substantive Appeal
Outcome
Appeal dismissed after extension of time granted
Legal Topics
['appeals' 'extension of Time' 'error of Law' 'costs' 'self Represented Litigants']
['civil Procedure' 'mining Law'] ['appeals' 'extension of Time' 'error of Law' 'costs' 'self Represented Litigants']

Case Brief

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Procedural Posture

Appeal / Judgment on Extension of Time and Substantive Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to extend time for filing the appeal' 'Whether there was an error of law by the Commissioner' 'Whether the grounds of appeal are adequately particularised' "Whether apprehended bias or improper conduct affected the Commissioner's decision"]

Ratio Decidendi

The appellants failed to particularise any grounds of appeal constituting an error of law, and failed to establish any issue warranting overturning the Commissioner's decision; accordingly, the extension of time was granted but the appeal was dismissed.

Court Disposition

Appeal dismissed after extension of time granted

Orders

  • ['The time for appeal is extended to close of business 29 October 2010.' "The appeal against the Commissioner's decision is dismissed." "The appellants are ordered to pay the respondent's costs of the application for extension and the appeal on a party/party basis, as agreed or assessed."]