NSW Caselaw
Industrial Court of New South Wales
CITATION: John Ninness and ors v Miller Bulk Haulage Farming Co Pty Ltd (now Miller Farming Co Pty Ltd) [2008] NSWIRComm 183
APPLICANTS: John Ninness & ors PARTIES: RESPONDENT: Miller Bulk Haulage Farming Co Pty Ltd (now Miller Farming Co Pty Ltd)
FILE NUMBER(S): IRC 1043, 1045, 1046, 1047, 1048, 1049, 1050, 1052 of 2008
CORAM: Haylen J
CATCHWORDS: Appeal - application to extend time to appeal - proceedings before Chief Industrial Magistrate alleging underpayment of award wages - failure of parties to attend mentions - applications determined by CIM as "withdrawn" - no notice given to parties that CIM to determine applications - new applications in same terms filed over three years later - application for joinder of previous applications - parties discover earlier disposition of first proceedings three years after order - applicants apply to extend time to appeal against order of CIM to treat first applications as "withdrawn" - agent for applicants claims debilitating medical condition prevented him appearing in court or pursuing applications over period of three years - individual applicants unaware of disability of agent to pursue case - second group of applications raise same breaches but over shorter period of time - applicable principles considered - requirement to do justice between parties - slight prejudice to respondent - extension of time granted in exceptional circumstances.
LEGISLATION CITED: Administrative Decisions (Judicial Review) Act 1997 Industrial Relations Act 1996 s 371
Cavacuitti v Toyota Motor Corporation Australia Limited (2002) 122 IR 247 at 256-257 Duff v Freijah (1982) 43 ALR at 485 Faber v Greyhound & Harness Racing Regulatory Authority of NSW [2007] NSWIRComm 207 CASES CITED: Palimex & Co Pty Ltd v Joanne Rodriguez [2007] NSWIRComm 269 R v Brian Michael McCauley (1997) 142 FLR 399 Technical Team Projects Pty Ltd v Noble Dunn Pty Ltd & ors (1990) 20 NSWLR 221 Wedesweiller and ors v Cole and ors (1982-83) 47 ALR 528 WorkCover Authority of NSW (Inspector Salmon) v Parkes Council (1996) 70 IR 298 at 299-300
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