SENEVIRATNE v PREFECT PTY LIMITED [2000] NSWCA 97

SENEVIRATNE v PREFECT PTY LIMITED [2000] NSWCA 97

There was no denial of procedural fairness where counsel left the court with the judge's consent and the party's solicitor remained present to represent the applicant; allowing the amendment to the notice of appeal would be futile as the asserted ground could not be made out.

Jurisdiction
Australia
Judgment Date
11 April 2000
Procedural Posture
Appeal / Judgment on Application to Amend Notice of Appeal and Final Disposal
Outcome
Appeal dismissed with costs
Legal Topics
['procedural Fairness' 'leave to Amend' 'workers Compensation']
['compensation Law' 'procedural Law'] ['procedural Fairness' 'leave to Amend' 'workers Compensation']

Case Brief

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Procedural Posture

Appeal / Judgment on Application to Amend Notice of Appeal and Final Disposal

Legal Issues

  1. 1 ["Whether denial of procedural fairness occurred when submissions were made in absence of applicant's counsel but in presence of solicitor" 'Whether leave to amend the notice of appeal should be granted']

Ratio Decidendi

There was no denial of procedural fairness where counsel left the court with the judge's consent and the party's solicitor remained present to represent the applicant; allowing the amendment to the notice of appeal would be futile as the asserted ground could not be made out.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Application to amend notice of appeal refused' 'Appeal dismissed with costs']