Tom Nauton Thomas v Westpac Banking Corporation [1995] IRCA 490

Tom Nauton Thomas v Westpac Banking Corporation [1995] IRCA 490

No special reasons justified granting an extension of time for the appeal; the appeal had limited prospects of success and its continuance would perpetuate distress caused by the original incident and litigation. The case on appeal was weak and further delay would be unjustified.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 1995
Procedural Posture
Application for Extension of Time to Lodge an Appeal / Determination of Application for Extension of Time
Outcome
Application dismissed
Legal Topics
['extension of Time for Appeal' 'dismissal From Employment' 'sexual Harassment' 'admissibility of Evidence' 'standard of Proof' 'harsh, Unjust or Unreasonable Dismissal']
['employment Law' 'industrial Law' 'civil Procedure'] ['extension of Time for Appeal' 'dismissal From Employment' 'sexual Harassment' 'admissibility of Evidence' 'standard of Proof' 'harsh, Unjust or Unreasonable Dismissal']

Source-derived case record

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Procedural Posture

Application for Extension of Time to Lodge an Appeal / Determination of Application for Extension of Time

Legal Issues

  1. 1 ['Whether special reasons exist to grant an extension of time under Order 52 rule 15(2) of the Industrial Relations Court Rules' 'Whether the trial judge failed to apply s140 of the Evidence Act 1995 (Cth)' 'Whether the operation of s97 of the Evidence Act 1995 (Cth) was breached regarding tendency evidence' "Whether the dismissal of Mr Thomas was harsh, unjust or unreasonable in breach of the Bank Officials' Federal (1963) Award"]

Ratio Decidendi

No special reasons justified granting an extension of time for the appeal; the appeal had limited prospects of success and its continuance would perpetuate distress caused by the original incident and litigation. The case on appeal was weak and further delay would be unjustified.

Court Disposition

Application dismissed

Orders

  • ['Application for extension of time in which to lodge an appeal is dismissed.']