Xi Wang and Green Star Enterprise [2004] NSWIRComm 133

Xi Wang and Green Star Enterprise [2004] NSWIRComm 133

The necessity for the applicant to access the transcript and obtain legal advice on prospects before deciding to appeal outweighs the respondent’s interest in finality, warranting an extension of time to file the appeal.

Parties
Applicant: Xi Wang; Respondent: Green Star Enterprise Pty Ltd
Jurisdiction
Australia
Judgment Date
20 May 2004
Procedural Posture
Application to Extend Time to Appeal / Determination of Application for Extension of Time
Outcome
Application to extend time is granted
Legal Topics
Extension of Time to Appeal, Unfair Dismissal

Case Brief

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Parties

Xi Wang

Applicant

Green Star Enterprise Pty Ltd

Respondent

Procedural Posture

Application to Extend Time to Appeal / Determination of Application for Extension of Time

  1. 1 Whether time to appeal against Commissioner Bishop’s decision should be extended

Ratio Decidendi

The necessity for the applicant to access the transcript and obtain legal advice on prospects before deciding to appeal outweighs the respondent’s interest in finality, warranting an extension of time to file the appeal.

Court Disposition

Application to extend time is granted

Orders

  • Time for filing appeal extended to 4 June 2004 on terms stated
  • Applicant must file Notice of Appeal within extended time and comply with Commission’s practice directions for appeal matters