Naidu v State of New South Wales [2020] NSWCA 147

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Naidu v State of New South Wales [2020] NSWCA 147 Hearing dates: On the papers Decision date: 15 July 2020 Before: Basten JA; Leeming JA. Decision: 1. Extend the time within which to apply for leave to appeal to 18 May 2020. 2. Dismiss the summons seeking leave to appeal filed 18 May 2020, with costs. Catchwords: APPEALS – leave – extension of time – appeal from Workers Compensation Commission refusing substantial extension of time to appeal from arbitrator's decision – requirement of "exceptional circumstances" in order to grant extension – Deputy President found exceptional circumstances not established – Deputy President considered appeal not fairly arguable – no basis for grant of leave to bring a further appeal made out Legislation Cited: Workers Compensation Act 1987 (NSW), ss 65A, 66, 67 Workers Compensation Commission Rules 2011 (NSW), rr 1.6, 16.2 Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 352, 353, 354 Cases Cited: Naidu v State of New South Wales [2019] NSWWCCPD 59 Category: Principal judgment Parties: Mala Ranjini Naidu (Applicant) State of New South Wales (Respondent) Representation: Counsel: R Kumar (Applicant) F Doak (Respondent)

Solicitors: Oxbridge Associates (Applicant) TurksLegal (Respondent) File Number(s): 2020/148564 Publication restriction: Nil Decision under appeal Court or tribunal: Workers Compensation Commission Citation: Naidu v State of New South Wales [2019] NSWWCCPD 59 Date of Decision: 22 November 2019 Before: Deputy President Snell File Number(s): A2-8807/13