Lord v Flight Centre Limited [2006] NSWIRComm 188

Lord v Flight Centre Limited [2006] NSWIRComm 188

The extension of time was granted because, in the circumstances, justice required it: the decision dismissing Ms Lord's s 84 unfair dismissal application gave no reasons, did not explain why the application was not pursued with due diligence, and was made without giving either party an opportunity to be heard, raising real questions of natural justice and giving the appeal prospects of success.

Jurisdiction
Australia
Judgment Date
29 May 2006
Procedural Posture
Application to Extend Time to Appeal and Leave to Appeal and Appeal Against Dismissal of Unfair Dismissal Proceedings for Want of Prosecution / Extempore Judgment on Application to Extend Time to Appeal
Outcome
Application for extension of time to appeal granted; costs reserved.
Legal Topics
['extension of Time to Appeal' 'want of Prosecution' 'natural Justice' 'reasons for Decision' 'failure to Comply With Directions']
['industrial Relations' 'unfair Dismissal' 'civil Procedure'] ['extension of Time to Appeal' 'want of Prosecution' 'natural Justice' 'reasons for Decision' 'failure to Comply With Directions']

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Procedural Posture

Application to Extend Time to Appeal and Leave to Appeal and Appeal Against Dismissal of Unfair Dismissal Proceedings for Want of Prosecution / Extempore Judgment on Application to Extend Time to Appeal

Legal Issues

  1. 1 ["Whether time should be extended for Ms Lord to appeal from Commissioner McLeay's decision dismissing her unfair dismissal application for want of prosecution." 'Whether the dismissal for want of prosecution without giving the parties an opportunity to be heard and without reasons raised natural justice concerns and gave the appeal prospects of success.']

Ratio Decidendi

The extension of time was granted because, in the circumstances, justice required it: the decision dismissing Ms Lord's s 84 unfair dismissal application gave no reasons, did not explain why the application was not pursued with due diligence, and was made without giving either party an opportunity to be heard, raising real questions of natural justice and giving the appeal prospects of success.

Court Disposition

Application for extension of time to appeal granted; costs reserved.

Orders

  • ['The application is granted.' 'Any question of costs is reserved.']