Altaranesi v Industrial Relations Commission

Case

[2011] NSWCA 278

18 April 2011


Details
AGLC Case Decision Date
Altaranesi v Industrial Relations Commission [2011] NSWCA 278 [2011] NSWCA 278 18 April 2011

CaseChat Overview and Summary

The appeal concerned a decision of the Industrial Relations Commission. The appellant sought to appeal this decision to the Court of Appeal.

The central legal issue before the Court of Appeal was whether a right of appeal existed from the Industrial Relations Commission to the Court of Appeal.

The Court of Appeal determined that no such right of appeal was conferred by the relevant legislation. Consequently, the purported appeal was found to be incompetent. The Court applied the principle that statutory rights of appeal are strictly construed and must be expressly provided for.

The appeal was dismissed as incompetent, and the appellant was ordered to pay the respondent's costs of the appeal to date.
Details

Areas of Law

  • Administrative Law

  • Employment Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Costs

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

2

Cases Cited

0

Statutory Material Cited

0