Cross v Harbour City Ferries Pty Ltd

Case

[2017] FCA 1577

29 December 2017


Details
AGLC Case Decision Date
Cross v Harbour City Ferries Pty Ltd [2017] FCA 1577 [2017] FCA 1577 29 December 2017

CaseChat Overview and Summary

Cross v Harbour City Ferries Pty Ltd concerned an application for an extension of time to appeal a decision of the Federal Circuit Court. The applicant, Cross, had been employed by Sydney Ferries and was later offered employment by Harbour City Ferries (HCF) following a transition of ferry services. Cross sought to appeal various findings made by the primary judge, including that no adverse action was taken against him due to family and carer's responsibilities and that he was not entitled to certain roster information.

The court was required to determine whether the proposed grounds of appeal were reasonably arguable and whether an extension of time was warranted. The court also needed to consider the merits of the application and whether the applicant had provided sufficient justification for the delay in filing the appeal. The court found that the proposed grounds of appeal were not reasonably arguable and that there was no merit in the applicant's case. The applicant had not demonstrated any error in the primary judge's findings or that the appeal had a real prospect of success.

The court dismissed the application for an extension of time to appeal. The court held that the applicant had not provided a satisfactory explanation for the delay in filing the appeal and that the proposed grounds of appeal were not reasonably arguable. The court also found that the applicant had not demonstrated any error in the primary judge's findings or that the appeal had a real prospect of success. The court ordered that the application for an extension of time be dismissed and that the applicant pay the respondents' costs of the application.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Limitation Periods

  • Appeal

  • Jurisdiction

  • Admissibility of Evidence

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Cases Citing This Decision

12

Cases Cited

10

Statutory Material Cited

3