Carborough Downs Coal Management Pty Ltd v Nicholson; Uhr v Nicholson

The appellants, Carborough Downs Coal Management Pty Ltd and Mr Russell Uhr, appealed against the primary judge's decision to grant the first respondent, Mr Nicholson, an extension of time to commence applications for prerogative relief in the nature of certiorari. The Queensland Court of Appeal, in dismissing the appeals, held that the primary judge did not make any errors of law in exercising the discretion to extend time. The appeals were limited to the grounds of error of law or excess, or want, of jurisdiction under the Industrial Relations Act 2016 (Qld). The appellants contended that the primary judge erred in finding that there was no evidence of prejudice impacting the ability to achieve a fair trial, but the court found that the primary judge's finding was factually accurate and appropriately considered all relevant prejudice and general unfairness to a respondent. The court dismissed the appeals and ordered the appellants to pay the first respondent's costs of and incidental to the appeal in both Appeal Number 414 of 2023 and Appeal Number 425 of 2023.