Pascale Bourot v NSW Department of Public Works and Services and Another [2003] NSWIRComm 431

Pascale Bourot v NSW Department of Public Works and Services and Another [2003] NSWIRComm 431

Leave to appeal was granted solely to permit the correction of a typographical error in the judgment of Marks J, as both parties agreed to this correction. The balance of the grounds for appeal (judgment on admissions, apprehended bias, and costs) did not demonstrate appealable error or satisfy the requirements for the grant of leave to appeal.

Jurisdiction
Australia
Judgment Date
05 December 2003
Procedural Posture
Application for Leave to Appeal and Appeal / Judgment on Leave to Appeal
Outcome
Leave to appeal granted for correction of judgment; otherwise refused
Legal Topics
['appeal' 'correction of Judgment' 'judgment on Admissions' 'costs' 'apprehended Bias']
['industrial Law'] ['appeal' 'correction of Judgment' 'judgment on Admissions' 'costs' 'apprehended Bias']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Judgment on Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in relation to correction of a factual error in the judgment of Marks J' 'Whether leave to appeal should be granted in relation to alleged error concerning judgment on admissions' 'Whether there was reasonable apprehension of bias requiring disqualification of the trial judge' 'Whether the costs order was made in error']

Ratio Decidendi

Leave to appeal was granted solely to permit the correction of a typographical error in the judgment of Marks J, as both parties agreed to this correction. The balance of the grounds for appeal (judgment on admissions, apprehended bias, and costs) did not demonstrate appealable error or satisfy the requirements for the grant of leave to appeal.

Court Disposition

Leave to appeal granted for correction of judgment; otherwise refused

Orders

  • ['Leave to appeal is granted, in relation to the correction of the judgment of Marks J of 22 August 2002.' "The judgment is corrected by the replacement of the word 'psychotic' with the word 'psychosomatic'." 'Leave to appeal is otherwise refused.' 'The matter may be relisted on appropriate notice, in relation to...