AKHRAS v BRIDGESTONE AUSTRALIA LIMITED [1995] NSWCA 11

AKHRAS v BRIDGESTONE AUSTRALIA LIMITED SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, CLARKE JA and POWELL JA 15 May 1995

[1995] NSWCA 11

Priestley JA. This is an application by Mr Edward Akhras for an extension of time to file a Notice of Appeal against orders which were made on 18 August 1980 by his Honour Judge Langsworth of the Workers" Compensation Commission, as it then was.

Mr Akhras has presented his own case this morning for an extension of time. He handed up to the court a transcript of what took place before his Honour Judge Langsworth on 18 August 1980 as well as transcript of an earlier hearing before his Honour Judge Coleman on 28 March 1980. From the documents which Mr Akhras made available to the court it appears that when his case was before his Honour Judge Coleman his counsel withdrew. Judge Coleman then stood the matter over. It later came on for hearing before Judge Langsworth on 18 August 1980. On that day counsel who had withdrawn on the previous occasion appeared for Mr Akhras.

Mr Akhras tells the court today that what happened on 18 August 1980 was not something which happened of his own free will. He mentioned a number of details supporting his assertion that the order should not have been made on 18 August 1980 in the way that it was because of the way in which he was induced to agree to it.

The transcript of what happened on that day shows that Judge Langsworth made proper efforts to ensure that Mr Akhras understood what was happening. What was happening was that his right to weekly compensation and other benefits under the Workers" Compensation Act was being redeemed for a lump sum of $15,000. The record shows that Judge Langsworth carefully considered the case and, as I have already said, made sure so far as he could that Mr Akhras understood what was happening. The order was made and, from what Mr Akhras told us this morning, the court understands that the redemption sum became available to Mr Akhras.