Davies v Kyogle Council [2008] NSWIRComm 90

Davies v Kyogle Council [2008] NSWIRComm 90

Leave to appeal was refused as the procedural complaints raised by Mr Davies were of a technical nature, caused him no substantial prejudice, and did not raise any public interest or real significance for justice, with service by registered post found to be compliant with the Rules.

Parties
Appellant: Kenneth Henry Davies; Respondent: Kyogle Council
Jurisdiction
Australia
Judgment Date
28 April 2008
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Decision
Outcome
leave to appeal refused
Legal Topics
Service of Documents, Leave to Appeal, Interlocutory Appeals
Industrial Law Service of Documents Leave to Appeal Interlocutory Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Kenneth Henry Davies

Appellant

Kyogle Council

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Decision

Legal Issues

  1. 1 Whether documents were served in accordance with Rule 104 of the Industrial Relations Commission Rules
  2. 2 Whether leave to appeal should be granted
  3. 3 Whether service by registered post complies with the Rules

Ratio Decidendi

Leave to appeal was refused as the procedural complaints raised by Mr Davies were of a technical nature, caused him no substantial prejudice, and did not raise any public interest or real significance for justice, with service by registered post found to be compliant with the Rules.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal is refused.