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. 3 Whilst the solicitor for the respondent expressed the respondent's concern that it wished to bring this litigation to an end, especially as there had been a two day hearing before Commissioner Bishop, it is important in my opinion that the applicant be given an appropriate opportunity to consider the detail of the Commissioner's decision and to determine whether or not an appeal should be instituted. This is particularly so as the applicant's solicitor emphasised that the applicant was concerned that he not embark upon an appeal and thereby incur substantial costs without some indication on the basis of legal advice that there was some prospect of reasonable success in connection with the appeal. 4 Whilst I agree that it is in the interests of all concerned that this litigation be concluded at the earliest opportunity, this is outweighed, on balance, by the necessity to allow the applicant an appropriate time in which to consider the reasons for decision and to consider whether an appeal should be instituted. 5 The applicant seeks to extend the time for filing an appeal to 4 June next. In my opinion, for the reasons given, this is a reasonable request and the time is extended accordingly. The applicant must, however, comply with filing a Notice of Appeal within the time so extended and I would remind the applicant of the relevant practice direction issued by this Commission in connection with appeal matters. 6 The application made is granted on the basis set out above and that will conclude the extempore decision. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.