IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) [1996] NSWCA 267

IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P and POWELL JA 15 April 1996

[1996] NSWCA 267

Mahoney P. This is an application which comes before the Court this morning in somewhat unusual circumstances. The Court has without objection accepted an amended notice of motion and apparently the only initiating process before this Court is the notice of motion which is now before the Court. There are in the papers affidavits which bear dates 24 October 1995 and 3 November 1995 but for reasons to which I shall refer they appear to be now matters of the past.

The Court has been informed that the matter came before the Court previously and was remitted to the Compensation Court for reconsideration. The Court has been informed that on 8 December 1995 the judge of that Court, his Honour Judge Manser, made an order in effect reaffirming the judgment which previously he had given. It has been said to the Court that the fresh evidence that the claimant desired to place before the Court, to which reference is made in par 1 of the amended notice of motion is, in fact, the evidence which was before his Honour Judge Manser on that reconsideration.

The matter coming before the Court this morning, Mr Antonenas, Solicitor for the claimant, was asked what orders were sought and why the matter was before this Court. It appears that no leave to adduce fresh evidence is now necessary because, as the Court has been informed, the fresh evidence in question was before the judge on his reconsideration. No reason has been suggested for leave to appeal: so far as the material before the Court suggests, it does not appear that leave to appeal is necessary. In the end the suggestion was that the order that was required was an extension of time for the filing of a notice of appeal (if a further notice of appeal is necessary) against the judgment of his Honour Judge Manser on 8 December 1995. That appears to be the only order that is sought.