STATE RAIL AUTHORITY OF NEW SOUTH WALES v SMITH [1989] NSWCA 194

STATE RAIL AUTHORITY OF NEW SOUTH WALES v SMITH SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Hope JA 6 February 1989

[1989] NSWCA 194

Hope JA. Judge Davidson made an award in favour of the opponent, Raymond William Smith, in the Compensation Court on 23 May 1988. There is an appeal from that decision to this Court on questions of law.

The claimant, the State Rail Authority, filed a notice of appeal in this Court on 20 December 1988, that is, more than six months after the award was made by his Honour. In that long period one employed solicitor after another had the handling of the matter within the office of the State Rail Authority's solicitor. The only thing that appears to have been done is that somebody looked at the matter, thought it might be appropriate to make an application to the learned trial judge to use the slip rule to vary something in his award, and initiated proceedings but did not serve them because the view was taken that it would be inappropriate to take that course.

In my opinion the claimant had ample opportunity, as it obviously had ample time, to file a notice of appeal long before 10 December 1988. I can see no justification in the material put before the Court for extending the time for appeal. The application is dismissed with costs.

Orders accordingly.