I. Notaras and K. L. Armstrong [2005] NSWIRComm 208

Industrial Relations Commission of New South Wales

CITATION: I. Notaras and K. L. Armstrong [2005] NSWIRComm 208

Applicant Ms Irene Notaras PARTIES: Respondent Ms Kelly Learne Armstrong

FILE NUMBER(S): IRC 2908 of 2005

CORAM: Backman J

Application to extend time to appeal - application for leave to appeal and appeal not yet filed - applicant's explanation for delay not acceptable - principles in relation to requirement for an explanation for delay - applicable discretionary factors to be considered - no injustice arises if application not granted - inability to assess prospects of success of an appeal in the absence of an application for leave to appeal and appeal having been filed - application to extend time to appeal refused. CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Cavacuiti v Toyota Motor Corporation Australia Limited (2002) 122 IR 247 De Luxe Cab Company Limited (formerly known as De Luxe Red and Yellow Cabs Co-operative Trading Society Limited) v Grenside (1999) 92 IR 384 Ratnam v Cumarasamy (1965) 1 WLR 8 CASES CITED: Skelly v Proud's Jewellers Pty Limited (1994) 53 IR 3 Vilenius v Heingar (1962) 36 ALJR 200

HEARING DATES: 06/17/2005 EXTEMPORE JUDGMENT DATE: 06/17/2005

Applicant: Ms I. Notaras LEGAL REPRESENTATIVES:

Respondent: Mr M. Heath, of counsel

JUDGMENT:

- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES