23 Feb 2006
KAUR V DEPARTMENT OF LABOUR HC WN CI 2005-485-585
- Citation
- openlaw-968f97d8_3e25_4688_97d0_45ae3a0b5296.pdf
- Court
- High Court
The 19 July 2004 document was sufficiently a notice of appeal for filing (r706(1)(a)) and defects in form and late payment of fee were cured by r5, but because service on the Residence Review Board and the Department (r706(1)(b),(c)) did not occur within the 28-day period mandated by s115, a necessary precondition for a properly brought appeal was absent; r5 cannot be used to excuse omission to take essential steps within the statutory time limit, so the Court lacks jurisdiction and the proceeding must be dismissed.