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
Legal Issues
- 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
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