Deighton, Raymond John v Telstra Corp Ltd [1997] FCA 1568

Deighton, Raymond John v Telstra Corp Ltd [1997] FCA 1568

The application was dismissed because no reason was shown for enlarging time and the proposed application for leave to appeal from French J's interlocutory decision would be futile. The prior Tribunal and Federal Court decisions concerned an attempted review of a December 1990 decision and did not determine any later compensation claim for incapacity from prostate cancer manifesting in 1994 or 1995.

Jurisdiction
Australia
Judgment Date
17 October 1997
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal From an Interlocutory Judgment / Full Court Application From French J's Refusal to Extend Time to Appeal From Carr J's Dismissal of an Appeal From the Administrative Appeals Tribunal
Outcome
Application dismissed; no order as to costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'administrative Appeals Tribunal Review' 'compensation for Workplace Related Incapacity' 'futility of Appeal']
['practice and Procedure' 'administrative Law' "commonwealth Employees' Compensation"] ['extension of Time' 'leave to Appeal' 'interlocutory Judgment' 'administrative Appeals Tribunal Review' 'compensation for Workplace Related Incapacity' 'futility of Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal From an Interlocutory Judgment / Full Court Application From French J's Refusal to Extend Time to Appeal From Carr J's Dismissal of an Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 ['Whether the decision of French J refusing an extension of time to appeal was interlocutory in nature' 'Whether the applicant gave a satisfactory or special reason for delay in applying for leave to appeal' 'Whether a proposed application for leave to appeal would be futile' "Whether the applicant's attempt to review the December 1990 compensation decision could advance a later claim concerning prostate cancer manifesting in 1994 or 1995"]

Ratio Decidendi

The application was dismissed because no reason was shown for enlarging time and the proposed application for leave to appeal from French J's interlocutory decision would be futile. The prior Tribunal and Federal Court decisions concerned an attempted review of a December 1990 decision and did not determine any later compensation claim for incapacity from prostate cancer manifesting in 1994 or 1995.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['The application be dismissed.' 'There be no order as to costs.']