Sparke v Vocational Training Appeal Panel (No 2) [2013] NSWIRComm 66

Industrial Relations Commission New South Wales Medium Neutral Citation: Sparke v Vocational Training Appeal Panel (No 2) [2013] NSWIRComm 66 Hearing dates: 12 August 2013 Decision date: 12 August 2013 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1. The application for an extension of time is dismissed. 2. The appellants are to pay the costs of the first respondent as agreed or, as assessed, and shall be jointly and severally liable for such costs. Catchwords: APPEAL - apprenticeship and traineeship - application for leave to appeal and appeal - interlocutory judgment - directions and rulings of Members of the Court - extension of time - principles - extension of time refused - costs Legislation Cited: Apprenticeship and Traineeship Act 2001 Civil Procedure Act 2005 Industrial Relations Act 1996 Cases Cited: Butlers Hire Pty Ltd v Collison [2007] NSWIRComm 288 Gabrielle Weisser v Spur Group Pty Ltd (unreported, Walton J Vice-President, 2 September 2002, matter No IRC 3744 of 2002) Gallo v Dawson (1990) 93 ALR 479 at 481 National Australia Bank Ltd v Cassino [2002] NSWIRComm 241; (2002) 137 IR 1 Harris v Caladine (1991) 172 CLR 84 Skelly v Prouds Jewellers Pty Ltd (1994) 53 IR 3 Sparke v Vocational Training Appeal Panel [2013] NSWIRComm 18 Tadic v Beslic [2001] NSWIRComm 107 Van Rooy Machinery Pty Limited v WorkCover Authority of New South Wales (Inspector Wolf) (2000) 97 IR 436 WorkCover Authority of New South Wales (Inspector Salmon) v Parkes Council (1996) 70 IR 298 Category: Interlocutory applications Parties: David Sparke (First Appellant) Beeox Corporation Pty Ltd (Second Appellant) Peter Hay (First Respondent) Vocational Training Appeal Panel (Second Respondent) Representation: Mr D Sparke and Ms S Sparke (Appellants in person) Mr TJ Dixon of counsel (First Respondent) Mr C Miles (First Respondent) File Number(s): IRC 539 of 2013