Legge v Coffey Engineering Pty Limited [2000] NSWIRComm 278

Industrial Relations Commission of New South Wales in Court Session

CITATION : Legge v Coffey Engineering Pty Limited [2000] NSWIRComm 278 APPELLANT: Inspector Patrick Legge PARTIES : RESPONDENT: Coffey Engineering Pty Limited FILE NUMBER: IRC 5379 of 2000 CORAM: Wright J President; ; Practice and procedure - Application for extension of time in which to appeal - Appeal from acquittal by Industrial Magistrate - Error as to time within which appeal was to be filed - Principles to be applied - Special circumstances - Whether acceptable explanation - Strength of appeal - Justice between the parties - Public interest - Application granted - Costs. CATCHWORDS : Appeal - Application for extension of time in which to appeal - Appeal from acquittal by Industrial Magistrate - Error as to time within which appeal was to be filed - Principles to be applied - Special circumstances - Whether acceptable explanation - Strength of appeal -Justice between the parties - Public interest - Application granted - Costs. LEGISLATION CITED : Industrial Relations Act 1996 s 189 s 197A Occupational Health and Safety Act 1983 s 15 Bishop v R (1982) 40 ALR 40 Comptroller-General of Customs v D'Aquino Bros Pty Ltd (1996) 135 ALR 649 Drake Personnel Ltd t/a Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Environment Protection Authority v Sydney Water Corporation (1997) 98 A Crim R 481 CASES CITED : LEP International Pty Limited v Caine (1999) 97 IR 35 Salter Rex & Co v Ghosh [1971] 2 QB 597 Van Rooy Machinery Pty Limited v WorkCover Authority of New South Wales (Inspector Wolf) (2000) 97 IR 436 WorkCover Authority of New South Wales (Inspector Dubois) v Concrete Constructions Group Limited (1999) 98 IR 362 WorkCover Authority of New South Wales (Inspector Salmon) v Parkes Council (1996) 70 IR 298 WorkCover Authority of New South Wales (Inspector Hopkins) v Profab Industries Pty Ltd (2000) 100 IR 64 HEARING DATES: 11/27/2000 DATE OF JUDGMENT: 12/22/2000