QBE Workers Compensation (NSW) Ltd v Pearsall No 2 [2005] NSWCA 293

QBE Workers Compensation (NSW) Ltd v Pearsall No 2 [2005] NSWCA 293

Leave to file a cross appeal out of time was refused due to great unexplained delay and the absence of evidence explaining the delay. Additionally, the proposed cross appeal had no realistic prospects of success, and some claims were not advanced at trial or adequately supported by evidence.

Parties
Appellant: QBE Workers Compensation (NSW) Ltd; Respondent: Harry Pearsall
Jurisdiction
Australia
Judgment Date
01 September 2005
Procedural Posture
Motion / Post Appeal, Notice of Motion for Leave to File Cross Appeal Out of Time
Outcome
motion dismissed with costs
Legal Topics
Leave to File Cross Appeal, Damages Assessment, Fresh Evidence, Pro Bono Legal Assistance
Workers Compensation Leave to File Cross Appeal Damages Assessment Fresh Evidence Pro Bono Legal Assistance

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Parties

QBE Workers Compensation (NSW) Ltd

Appellant

Harry Pearsall

Respondent

Procedural Posture

Motion / Post Appeal, Notice of Motion for Leave to File Cross Appeal Out of Time

Legal Issues

  1. 1 Whether leave should be granted to file a cross appeal out of time
  2. 2 Whether there is adequate explanation for delay in seeking to bring a cross appeal
  3. 3 Whether the proposed cross appeal has prospects of success

Ratio Decidendi

Leave to file a cross appeal out of time was refused due to great unexplained delay and the absence of evidence explaining the delay. Additionally, the proposed cross appeal had no realistic prospects of success, and some claims were not advanced at trial or adequately supported by evidence.

Court Disposition

motion dismissed with costs

Orders

  • Motion dismissed with costs