Bennett Constructions (NSW) Pty Ltd v Bond

Bennett Constructions (NSW) Pty Ltd applied for leave to appeal against a decision of an Arbitrator that dismissed an objection to a claim for workers’ compensation benefits brought by Mr Bond. The Arbitrator had found that Mr Bond was entitled to weekly benefits. The appellant sought to extend the time to appeal, which was out of time under section 352(4) of the Workplace Injury Management and Workers Compensation Act 1998. Mr Bond opposed the application, arguing that the appellant’s application was not made without delay and that the delay was not satisfactorily explained.

The court considered whether the appellant’s application was made without delay and whether the delay was satisfactorily explained. The court noted that the appellant had not applied for leave to appeal within the time allowed under section 352(4) of the Act, and that the appellant had not provided a satisfactory explanation for the delay. The court held that the appellant had not met the requirements of section 352(4) of the Act and that the application to extend time to appeal was refused. The court remitted the matter to the same Arbitrator to determine Mr Bond’s entitlement to weekly benefits, if any. The appellant was ordered to pay Mr Bond’s costs of the appeal as agreed or assessed.