Noonan v Arena Printing and Publishing Pty Limited [1996] IRCA 363

Noonan v Arena Printing and Publishing Pty Limited [1996] IRCA 363

The applicant provided no acceptable explanation for the delay in lodging his application; the consultations with solicitors explained only initial delay, not the entire period; the delay, albeit causing minor prejudice, still prejudiced the respondent; and principles guiding the exercise of the Court's discretion...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 July 1996
Procedural Posture
Industrial Law Termination of Employment Application for Extension of Time / Preliminary Jurisdictional Issue Regarding Extension of Time Under S170 EA
Outcome
Application dismissed for being out of time; no extension granted under S170EA(3)(b)
Legal Topics
['termination of Employment' 'extension of Time' 'jurisdictional Issues']
['industrial Law'] ['termination of Employment' 'extension of Time' 'jurisdictional Issues']

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Procedural Posture

Industrial Law Termination of Employment Application for Extension of Time / Preliminary Jurisdictional Issue Regarding Extension of Time Under S170 EA

Legal Issues

  1. 1 ['Whether the application for relief relating to termination of employment was lodged out of time under s170EA of the Industrial Relations Act 1988 and whether an extension of time should be granted']

Ratio Decidendi

The applicant provided no acceptable explanation for the delay in lodging his application; the consultations with solicitors explained only initial delay, not the entire period; the delay, albeit causing minor prejudice, still prejudiced the respondent; and principles guiding the exercise of the Court's discretion do not justify an extension of time. Thus, no extension of time is granted and the application is dismissed.

Court Disposition

Application dismissed for being out of time; no extension granted under S170EA(3)(b)

Orders

  • ['The application under S170EA lodged in the Australian Industrial Relations Commission on 22 January 1996 is dismissed, no extension of time having been granted under S170EA(3)(b).']