Eguia v CPB Contractors Pty Ltd [2021] FCA 273

Eguia v CPB Contractors Pty Ltd [2021] FCA 273

Leave was appropriate because the applicant provided a satisfactory explanation for the 20 day delay, raised at least a prima facie case on the affidavit material and application, and the prejudice identified by the respondent did not warrant refusal of leave.

Jurisdiction
Australia
Judgment Date
23 March 2021
Procedural Posture
General Protections Court Application Under Fair Work Act 2009 (cth) / Application for Extension of Time Under S 370(a)(ii) of the Fair Work Act 2009 (cth)
Outcome
Application for extension of time granted.
Legal Topics
['general Protections' 'extension of Time' 'leave to Commence Proceeding Out of Time' 'fair Work Act 2009 (cth) S 370(a)(ii)']
['employment and Industrial Relations' 'practice and Procedure'] ['general Protections' 'extension of Time' 'leave to Commence Proceeding Out of Time' 'fair Work Act 2009 (cth) S 370(a)(ii)']

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Procedural Posture

General Protections Court Application Under Fair Work Act 2009 (cth) / Application for Extension of Time Under S 370(a)(ii) of the Fair Work Act 2009 (cth)

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under s 370(a)(ii) of the Fair Work Act 2009 (Cth) to commence the proceeding 20 days out of time.']

Ratio Decidendi

Leave was appropriate because the applicant provided a satisfactory explanation for the 20 day delay, raised at least a prima facie case on the affidavit material and application, and the prejudice identified by the respondent did not warrant refusal of leave.

Court Disposition

Application for extension of time granted.

Orders

  • ['Pursuant to s 370(a)(ii) of the Fair Work Act 2009 (Cth), the Applicant has leave to commence this proceeding out of time.' 'There will be no Order as to costs.']