Power Ledger Pty Ltd v Griffiths [2021] FCA 624

Power Ledger Pty Ltd v Griffiths [2021] FCA 624

The order was interlocutory as it did not finally determine the proceedings; accordingly, leave to appeal was required. Having regard to the explanation for delay, the genuine confusion as to whether leave was required, the absence of prejudice, and reasonable grounds for appeal, an extension of time and leave to appeal were granted.

Jurisdiction
Australia
Judgment Date
09 June 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Extension of Time and Leave to Appeal Prior to Determination of Appeal on Merits
Outcome
Extension of time and leave to appeal granted
Legal Topics
['practice and Procedure' 'extension of Time' 'leave to Appeal' 'adverse Action' 'workplace Rights' 'evidence' 'hearsay Rulings']
['employment and Industrial Relations'] ['practice and Procedure' 'extension of Time' 'leave to Appeal' 'adverse Action' 'workplace Rights' 'evidence' 'hearsay Rulings']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Extension of Time and Leave to Appeal Prior to Determination of Appeal on Merits

Legal Issues

  1. 1 ['Whether leave to appeal from declaratory order of Federal Circuit Court of Australia required' 'Whether order was final or interlocutory' 'Whether extension of time should be granted' 'Whether leave to appeal should be granted']

Ratio Decidendi

The order was interlocutory as it did not finally determine the proceedings; accordingly, leave to appeal was required. Having regard to the explanation for delay, the genuine confusion as to whether leave was required, the absence of prejudice, and reasonable grounds for appeal, an extension of time and leave to appeal were granted.

Court Disposition

Extension of time and leave to appeal granted

Orders

  • ['The time for filing an application for leave to appeal be extended to 11 January 2021.' "The applicant have leave to appeal on grounds 1 to 10 inclusive (excluding ground 5) as set out in the proposed notice of appeal annexed to the application for an extension of time filed 11 January 2021, as particularised...