Bibby v Rail Corporation of New South Wales [2013] NSWIRComm 97

Industrial Relations Commission New South Wales Medium Neutral Citation: Bibby v Rail Corporation of New South Wales [2013] NSWIRComm 97 Hearing dates: 4 November 2013 Decision date: 08 November 2013 Before: Boland J, President Decision: The application by Mr Bibby to extend time to appeal in this matter is refused. I so order. Catchwords: APPEAL - Application for leave to appeal and appeal from decision of Transport Appeal Board - EXTENSION OF TIME - Whether applicant should be granted an extension of time in which to appeal - Whether explanation for filing application was satisfactory - Prospects of success on appeal - Extension refused Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Transport Appeal Boards Act 1980 Cases Cited: Ary v Sydney South West Area Health District [2013] NSWIRComm 96 Nanschild v Pratt [2011] NSWCA 85 Samimi v Seyedabadi; Seyedabadi v Samimi [2013] NSWCA 279 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: Daryle Bibby (Appellant) Rail Corporation of New South Wales (Respondent) Representation: Mr M Easton of counsel (Respondent) Mr R Christie (Appellant) Ms J Nand (Respondent) File Number(s): IRC 873 of 2013

DECISION 1Rail Corporation of New South Wales ("RailCorp") had employed Daryle Robert Bibby as a Senior Shunter. He was dismissed from his employment on 4 August 2012. Mr Bibby appealed against his dismissal to the Transport Appeal Board ("the TAB"). In a decision given on 8 August 2013 the TAB, constituted by Newall C, disallowed the appeal. 2On 28 October 2013, Mr Bibby sought leave to appeal, and if leave was granted, to appeal from the TAB's decision. At the same time, Mr Bibby made application to extend time to appeal. This decision deals with the application to extend time.