NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Keith Mullins and Department of Education and Training [2008] NSWIRComm 180
Appellant: PARTIES: Keith Mullins Respondent: Department of Education and Training
FILE NUMBER(S): IRC980 of 2008
CORAM: Kavanagh J; Staff J; McLeay C
CATCHWORDS: Appeal - leave to appeal - appeal from interlocutory decision refusing to grant Extension of Time to appeal Full Bench Decision - application for leave to appeal and extension of time made 18 months after Full Bench decision - Full Bench Order sought to be challenged on appeal - effect of s179 of Industrial Relations Act 1996 - appeal a futility - proper exercise of discretion to refuse application for extension of time - leave granted to discontinue - Costs ordered
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Mullins v Dept of Education and Training [2006] NSWIRComm 1136 Mullins v Dept of Education and Training [2008] NSWIRComm 115
HEARING DATES: 29/09/2008 EXTEMPORE JUDGMENT DATE: 29 September 2008
Mr K. Mullins Appellant in person LEGAL REPRESENTATIVES: Respondent: Mr S. Benson of counsel Mr P. Quinn of the respondent
JUDGMENT:
- 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: Kavanagh J Staff J McLeay C
Monday 29 September 2008
Matter No IRC 980 of 2008
KEITH MULLINS AND DEPARTMENT OF EDUCATION AND TRAINING
Application by Keith Mullins for leave to appeal and appeal against a judgment of Schmidt J given on 10 June 2008 in matter No. IRC 440 of 2008
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