Brooker v Healthscope Limited [2011] NSWIRComm 167

Industrial Relations Commission New South Wales Medium Neutral Citation: Brooker v Healthscope Limited [2011] NSWIRComm 167 Hearing dates: 14 December 2011 Decision date: 16 December 2011 Jurisdiction: Industrial Court of NSW Before: Boland J, President Decision: The Court orders that the appellant shall have until 8 December 2011 to file an application for leave to appeal and appeal from the decision and orders of Chief Industrial Magistrate Hart made on 19 October 2011 in Matter No CIM 232608 of 2010. I make it clear that this order does not extend to his Honour's interlocutory decision of 10 May 2011 because no application to appeal was filed in respect of that decision. Costs are reserved. Catchwords: APPEAL - Application for leave to appeal and appeal from decision of Chief Industrial Magistrate in respect of a claim for recovery of moneys - EXTENSION OF TIME - Whether appellant should be granted an extension of time in which to appeal - Whether explanation for filing application was satisfactory - Prospects of success on appeal - Extension granted - Costs reserved Legislation Cited: Annual Holidays Act 1944 Contracts Review Act 1980 Crimes (Appeal and Review) Act 2001 Industrial Relations Act 1996 Long Service Leave Act 1955 Cases Cited: Butlers Hire Pty Ltd v Collison (No 2) [2007] NSWIRComm 312; (2007) 169 IR 44 Dlugolecka v Todber Pty Ltd t/as Leisure Lea Gardens Retirement Village [2008] NSWIRComm 113; (2008) 174 IR 73 Dr Bilal trading as Hornsby Medical Centre v Marshall [2006] NSWIRComm 360; (2006) 158 IR 269 Golden Swan Investments (Australia) Pty Limited v WorkCover Authority of NSW (Inspector Pryor) [2006] NSWIRComm 402 Ng and North Coast Area Health Service [2008] NSWIRComm 91 Palimex & Co Pty Ltd v Rodriguez [2007] NSWIRComm 269; (2007) 168 IR 162 Sydney South West Area Health Service v Kim [2007] NSWIRComm 241; (2007) 168 IR 43 WorkCover Authority of New South Wales (Inspector Salmon) v Parkes Council (1996) 70 IR 298 Yetzotis v Crown in the Right of the State of New South Wales (Commissioner for Corrective Services) [2005] NSWIRComm 302; (2005) 147 IR 50 Category: Principal judgment Parties: Mary Kathleen Brooker (Appellant) Healthscope Limited (Respondent) Representation: M Brooker, self represented (Appellant)