Bruce Maples v Inspector Colin Fraser [2008] NSWIRComm 10

Industrial Court of New South Wales

CITATION: Bruce Maples v Inspector Colin Fraser [2008] NSWIRComm 10

APPLICANT: Bruce Maples PARTIES: RESPONDENT: WorkCover of New South Wales

FILE NUMBER(S): IRC 2126 of 2007

CORAM: Schmidt J

CATCHWORDS: Appeal - application to extend time to appeal - application dismissed - reasons for orders

DATE OF JUDGMENT: 1 February 2008

APPLICANT: No appearance

LEGAL REPRESENTATIVES: RESPONDENT: Ms C Bateman SOLICITORS: Carroll & O'Dea

JUDGMENT:

- 3 - INDUSTRIAL COURT OF NEW SOUTH WALES

CORAM: Schmidt J

1 February 2008

Matter No IRC 2126 of 2007

BRUCE MAPLES v INSPECTOR COLIN FRASER

Application by Bruce Maples to extend time to appeal against decision of Chief Industrial Magistrate Miller given on 11.7.2003 in matter no. CIM20181913/03

Reasons for Decision [2008] NSWIRComm 10

1 On 29 November 2007 the applicant, Bruce Maples, made an application to extend time to appeal a decision given by the Chief Industrial Magistrate on 11 July 2003. The application was dismissed. These are the reasons for the orders made. 2 On 5 December 2007 the matter was listed for mention. There was no appearance by Mr Maples, but the respondent indicated that the application was opposed. The only reason advanced in the application, for the delay in pursuing the appeal, was 'ill health'. The application was not supported by any explanatory affidavit. The respondent explained however, that it had not been until October 2007, that costs in the proceedings had been determined. 3 In the circumstances, the matter was given a tentative hearing date of 31 January 2008 and was listed for further mention on 13 December, so that directions could be given and the date confirmed. 4 On 5 December the Industrial Registrar wrote to Mr Maples, advising him of these developments; that the matter would be listed for further mention on 13 December and that his appearance was required. The respondent also wrote to Mr Maples. 5 On 13 December there was again no appearance for Mr Maples and in the circumstances, the respondent sought to have the matter dismissed, with costs. 6 Given Mr Maples' failure to pursue the application, the tentative hearing date was vacated. I took the view, however, that Mr Maples should be given a further opportunity to pursue his application, before it was dismissed. Accordingly, I ordered that the application for extension of time to appeal the decision would be dismissed, unless on or before 29 January 2008, the applicant approached the Court seeking to have the matter relisted and that unless there was such an approach, that the applicant pay the respondent's costs, as agreed or assessed. 7 In accordance with my directions, on 31 December 2007, the Registrar again wrote to Mr Maples informing him of what had transpired at the further mention and the orders which had been made. 8 There has been no response to that correspondence and still no approach to the Court by Mr Maples. Accordingly the self executing orders made on 13 December have taken effect. Orders 9 For the reasons given, the application for extension of time to appeal the Chief Industrial Magistrate's decision of 11 July 2003 is dismissed and the applicant is ordered to pay the respondent's costs, as agreed or assessed. ------------------------