Ng and North Coast Area Health Service & Anor [2008] NSWIRComm 91

Industrial Relations Commission of New South Wales

CITATION: Ng and North Coast Area Health Service & Anor [2008] NSWIRComm 91 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPELLANT Leong Fook Ng PARTIES: RESPONDENTS North Coast Area Health Service Director General of New South Wales Department of Health

FILE NUMBER(S): IRC 52 of 2008

CORAM: Staff J

Appeal - Time to appeal - Whether appeal filed within statutory time limit - Whether extension of time to appeal necessary - Decision dismissing application for relief - Subsequently decision re costs - Application for leave to appeal and to appeal filed within 21 days of decision re costs but outside statutory time limit in respect of decision dealing with the substance of proceedings - Appeal re costs within time - Whether time for appeal is enlarged where the question of costs is not initially dealt with at the conclusion of substantive proceedings - Held - A decision in respect of costs does not give a right of appeal to an earlier final decision, particularly a decision dealing with the substance of the proceedings - Appeal against final decision out of time - Application for extension of time to appeal substantive decision refused - Negligible prospects of success - Principles relevant to appeals from interlocutory decisions - Principles relevant to applications for extension of time to appeal - Industrial Relations Act 1996 (NSW) s 189 - Industrial Relations Commission Rules 1996 (NSW) r 45 CATCHWORDS: Administrative Law - Appeal - Time to appeal - Whether appeal filed within statutory time limit - Whether extension of time to appeal necessary - Decision dismissing application for relief - Subsequently decision re costs - Application for leave to appeal and to appeal filed within 21 days of decision re costs but outside statutory time limit in respect of decision dealing with the substance of proceedings - Appeal re costs within time - Whether time for appeal is enlarged where the question of costs is not initially dealt with at the conclusion of substantive proceedings - Held - A decision in respect of costs does not give a right of appeal to an earlier final decision, particularly a decision dealing with the substance of the proceedings - Appeal against final decision out of time - Application for extension of time to appeal substantive decision refused - Negligible prospects of success - Principles relevant to appeals from interlocutory decisions - Principles relevant to applications for extension of time to appeal - Industrial Relations Act 1996 (NSW) s 189 - Industrial Relations Commission Rules 1996 (NSW) r 45