Keane v Woolworths Group Limited [2023] FCA 1634

Keane v Woolworths Group Limited [2023] FCA 1634

The applicant did not provide an adequate explanation for the significant delay in filing his application for extension of time, provided no new material supporting grounds for appeal, and there were no reasonable prospects of success for the proposed appeal. Therefore, the application for an extension of time should be dismissed.

Parties
Applicant: Thomas Courtney Keane; First Respondent: Woolworths Group Limited; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Application for Extension of Time to Seek Leave to Appeal / Determination of Extension of Time Application
Outcome
Application for extension of time dismissed.
Legal Topics
Extension of Time, Judicial Review, Unfair Dismissal, Prospects of Appeal
Practice and Procedure Employment Law Extension of Time Judicial Review Unfair Dismissal Prospects of Appeal

Case Brief

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Parties

Thomas Courtney Keane

Applicant

Woolworths Group Limited

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Application for Extension of Time to Seek Leave to Appeal / Determination of Extension of Time Application

Legal Issues

  1. 1 Whether to grant an extension of time to file an application seeking leave to appeal from a Federal Court decision
  2. 2 Whether there was an adequate explanation for significant delay
  3. 3 Whether there were reasonable prospects of appeal succeeding

Ratio Decidendi

The applicant did not provide an adequate explanation for the significant delay in filing his application for extension of time, provided no new material supporting grounds for appeal, and there were no reasonable prospects of success for the proposed appeal. Therefore, the application for an extension of time should be dismissed.

Court Disposition

Application for extension of time dismissed.

Orders

  • The application is dismissed.