WELFARE v BIRDON SANDS PTY LTD [1997] IRCA 185

WELFARE v BIRDON SANDS PTY LTD [1997] IRCA 185

The applicant failed to raise any issue of substance in support of the appeal. None of the contentions advanced demonstrated error or injustice by the primary judge. The requirements for an extension of time were not satisfied. The contempt application failed for lack of supporting admissible evidence.

Jurisdiction
Australia
Judgment Date
05 June 1997
Procedural Posture
Appeal; Contempt Application / Application for Extension of Time to Appeal and for Contempt Order—decision on Both
Outcome
Application for extension of time to appeal dismissed; contempt notice of motion dismissed.
Legal Topics
['extension of Time for Appeal' 'settlement of Proceedings' 'natural Justice' 'contempt Arising From Disclosure of Subpoenaed Documents']
['industrial Law'] ['extension of Time for Appeal' 'settlement of Proceedings' 'natural Justice' 'contempt Arising From Disclosure of Subpoenaed Documents']

Case Brief

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Procedural Posture

Appeal; Contempt Application / Application for Extension of Time to Appeal and for Contempt Order—decision on Both

Legal Issues

  1. 1 ['Whether application for extension of time to appeal should be granted' 'Whether appeal raises any issue of substance' 'Whether there was denial of natural justice' 'Whether notice of motion for contempt is supported by admissible evidence']

Ratio Decidendi

The applicant failed to raise any issue of substance in support of the appeal. None of the contentions advanced demonstrated error or injustice by the primary judge. The requirements for an extension of time were not satisfied. The contempt application failed for lack of supporting admissible evidence.

Court Disposition

Application for extension of time to appeal dismissed; contempt notice of motion dismissed.

Orders

  • ['The application for the extension of time in which to file a notice of appeal against the judgment of Wilcox CJ of 29 November 1996 is dismissed.' 'The notice of motion filed by Mr Welfare on 23 January 1997 is dismissed.']