Sydney Legacy Appeals Fund v Simpson [2003] NSWIRComm 91

Industrial Relations Commission of New South Wales

CITATION : Sydney Legacy Appeals Fund v Simpson [2003] NSWIRComm 91 APPELLANT Sydney Legacy Appeals Fund PARTIES : RESPONDENT Kathryn Simpson FILE NUMBER: IRC5993 of 2002 CORAM: Walton J Vice-President; Sams DP; Redman C CATCHWORDS : Appeal - Leave to appeal and appeal - Failure to comply with Commission's directions - Evidence not received - Explanation not considered - Hearing date unaffected - No prejudice - Relevant factors not taken into account - Error in discretionary decision making - Proper exercise of discretion - Whether unreasonable and unjust - Spanish Club v Bounouar considered - Leave to appeal granted - Appeal upheld - Decision set aside - Appellant permitted to rely on evidence. LEGISLATION CITED : Industrial Relations Act 1996 The Spanish Club Limited v Bounouar (1998) 94 IR 173 CASES CITED : House v The King (1936) 55 CLR 499 The State of Queensland and Another v J L Holdings Proprietary Limited (1997) 189 CLR 146 HEARING DATES: 03/28/2003 DATE OF JUDGMENT: 04/09/2003

APPELLANT: Ms K Nomchong of counsel SOLICITORS: Shaw McDonald Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT: Mr J Elder John Elder Consultancy Services

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH

CORAM: WALTON J, VICE PRESIDENT SAMS DP REDMAN C Date: 9 April 2003 Matter No IRC5993 of 2002 SYDNEY LEGACY APPEALS FUND v KATHRYN SIMPSON Application by Sydney Legacy Appeals Fund for leave to appeal and appeal against a decision of Commissioner Tabbaa given on 10 October 2002 in Matter No IRC2619 of 2002