Fonua -v- The Broken Hill Proprietary Company Limited & ors (EOD) [2000] NSWADTAP 19

Fonua -v- The Broken Hill Proprietary Company Limited & ors (EOD) [2000] NSWADTAP 19

The extension of time to appeal was refused as the appeal had little or no prospect of success, was misconceived, the appellant's conduct was disingenuous, and special circumstances warranting costs were found. The appeal was dismissed as being out of time and lacking merit.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Appeal / Application for Extension of Time to Appeal; Determination of Costs
Outcome
appeal dismissed; extension of time refused; costs ordered against the appellant
Legal Topics
['extension of Time to Appeal' 'costs' 'misconceived Proceedings' 'discrimination' 'victimisation']
['anti Discrimination Law' 'civil Procedure'] ['extension of Time to Appeal' 'costs' 'misconceived Proceedings' 'discrimination' 'victimisation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Application for Extension of Time to Appeal; Determination of Costs

Legal Issues

  1. 1 ['Whether to allow an extension of time to lodge appeal' 'Whether original discrimination and victimisation complaints were misconceived or had merit' 'Whether costs should be awarded against the appellant']

Ratio Decidendi

The extension of time to appeal was refused as the appeal had little or no prospect of success, was misconceived, the appellant's conduct was disingenuous, and special circumstances warranting costs were found. The appeal was dismissed as being out of time and lacking merit.

Court Disposition

appeal dismissed; extension of time refused; costs ordered against the appellant

Orders

  • ['The Appeal Panel does not allow the appellant any further time to lodge an appeal against the decision of the Tribunal made on 9 August 1999.' 'The appeal lodged out of time by the appellant is dismissed.' "The appellant is ordered to pay each of the respondents' costs of this appeal assessed on a party party...