Raymond John Carlin v Access Elevators Australia Pty Ltd [2008] NSWIRComm 69

Raymond John Carlin v Access Elevators Australia Pty Ltd [2008] NSWIRComm 69

The application to extend time was granted because the applicant provided an acceptable explanation for the delay and had reasonable prospects of success on appeal, particularly on the arguable contention that the Chief Industrial Magistrate's efforts fell short of the obligations imposed by s 371 of the Industrial Relations Act 1996; in the interests of justice these factors outweighed the respondent's vested right to retain the judgment and the asserted additional costs.

Jurisdiction
Australia
Judgment Date
07 April 2008
Procedural Posture
Application to Extend Time to Appeal Against a Decision Dismissing a Long Service Leave Claim / Application to Extend Time to Appeal
Outcome
Application to extend time to appeal granted; costs reserved.
Legal Topics
['extension of Time to Appeal' 'long Service Leave' 'conciliation Under S 371 of the Industrial Relations Act 1996' 'prospects of Success on Appeal']
['industrial Law' 'employment Law' 'appellate Procedure'] ['extension of Time to Appeal' 'long Service Leave' 'conciliation Under S 371 of the Industrial Relations Act 1996' 'prospects of Success on Appeal']

Case Brief

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Procedural Posture

Application to Extend Time to Appeal Against a Decision Dismissing a Long Service Leave Claim / Application to Extend Time to Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to appeal under ss 187, 188 and 189 of the Industrial Relations Act 1996.' 'Whether the applicant gave an acceptable explanation for filing the application for leave to appeal and appeal out of time.' 'Whether the proposed appeal had reasonable prospects of success based on an alleged failure by the Chief Industrial Magistrate to comply with s 371 of the Industrial Relations Act 1996.' "Whether prejudice to the respondent and the respondent's vested right to retain the judgment should outweigh the interests of justice in granting the extension."]

Ratio Decidendi

The application to extend time was granted because the applicant provided an acceptable explanation for the delay and had reasonable prospects of success on appeal, particularly on the arguable contention that the Chief Industrial Magistrate's efforts fell short of the obligations imposed by s 371 of the Industrial Relations Act 1996; in the interests of justice these factors outweighed the respondent's vested right to retain the judgment and the asserted additional costs.

Court Disposition

Application to extend time to appeal granted; costs reserved.

Orders

  • ['The application to extend time to appeal is granted until 14 December 2007.' 'Costs are reserved.']