Xi Wang and Green Star Enterprise [2004] NSWIRComm 133

Industrial Relations Commission of New South Wales in Court Session

CITATION : Xi Wang and Green Star Enterprise [2004] NSWIRComm 133 APPLICANT Xi Wang PARTIES : RESPONDENT Green Star Enterprise Pty Ltd FILE NUMBER: 2701 of 2004 CORAM: Marks J HEARING DATES: 05/20/2004 EXTEMPORE JUDGMENT DATE : 05/20/2004

APPLICANT Mr Jiang of counsel Solicitor: Mr A Attapallil LEGAL REPRESENTATIVES: Lexes Lawyers

RESPONDENT Mr Canceri of counsel

JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: MARKS J Thursday 20 May 2004 Matter No IRC 2701 of 2004 XI WANG v GREEN STAR ENTERPRISE PTY LTD

Application by Xi Wang to extend time to appeal against a decision of Commissioner Bishop given on 16/4/04 in Matter No IRC 5316 of 2003

EXTEMPORE DECISION

1 This is an application made by Xi Wang to extend the time for the filing of an appeal from the decision of Commissioner Bishop given on 16 April 2004 in connection with an unfair dismissal application brought by him against the respondent, Green Star Enterprise Pty Limited.

2 Commissioner Bishop, in a decision which occupies 22 pages of transcript and covers a great deal of detail, dismissed the applicant's application claiming unfair dismissal. I am advised during the course of submissions today that Commissioner Bishop delivered her decision orally and that it was necessary for it to be transcribed. A transcribed copy of the decision was not available before 13 May 2004 and accordingly was not available to the solicitors for the applicant within the 21 day period limit for the institution of an appeal.