Kok, t/as Claridge Valet Dry Cleaners v WorkCover Authority of New South Wales (Inspector Reynolds) [2001] NSWIRComm 48

Industrial Relations Commission of New South Wales in Court Session

CITATION : Kok, t/as Claridge Valet Dry Cleaners v WorkCover Authority of New South Wales (Inspector Reynolds) [2001] NSWIRComm 48 APPLICANTS Bernard Cornelis Kok Winnie Sina Sinisa PARTIES : Sione Leota Satua Leota

RESPONDENT WorkCover Authority of New South Wales (Inspector Adrian Reynolds) FILE NUMBER: IRC 5057 of 2000 CORAM: Hungerford J Extension of Time - Application to extend time to appeal - Proposed appeal against conviction, penalty and order for payment of insurance premium in relation to workers' compensation obligations - Principles to apply - Application filed nearly 23 months after statutory time period expired - Held, no satisfactory explanation for the delay - Held, no miscarriage of justice if access to appeal denied - No further grounds to support extension of time made out - Unlikely to obtain leave to appeal - Appeal unlikely to succeed - Application refused.

CATCHWORDS : Appeal - Application for extension of time to appeal - Proposed appeal relating to workers' compensation prosecution - Challenge to conviction, penalty and order for payment of insurance premium - Principles to apply in considering an out of time application - Relevance of need to obtain leave to appeal - Leave unlikely to be granted - Appeal unlikely to succeed - No satisfactory explanation for delay of nearly 23 months in bringing appeal - Purpose of extension of time to do justice between the parties - Interests of administration of justice - Application to extend time refused - Appeal incompetent - Appeal struck out, with costs.