Ekermawi v Harbour Radio Pty Ltd (EOD)

The appellant, Ekermawi, sought leave to appeal out of time the decisions of the Administrative Decisions Tribunal of New South Wales. The decisions involved the appellant's claims against Harbour Radio and Nine Network Television. The Tribunal had dismissed the appellant's claims on the merits. The appellant applied for leave to appeal the Tribunal's decisions, which were initially dismissed on 21 September 2010 and 19 October 2010, respectively.

The court had to determine if the appellant was entitled to appeal out of time. The appellant argued that the delay was due to significant illness and a lack of legal representation. The respondent, Harbour Radio, contended that the appellant's delay was unreasonable and would prejudice the respondent. The court had to weigh the reasons for the delay, the prejudice to the respondent, and the merits of the appeal to decide if the appellant should be granted leave to appeal out of time.

The court considered the significant delay in lodging the appeal, the reasons provided by the appellant, and the potential prejudice to the respondent. The court noted that the appellant had delayed for over two years without a satisfactory explanation. The court found that the appellant had not demonstrated a sufficient reason for the delay and that the respondent would be prejudiced by the late appeal. The court held that the appellant was not entitled to appeal out of time.

The court refused the appellant further time to appeal against the Tribunal's decisions. The court found that the appellant had not provided adequate reasons for the delay, and that the respondent would suffer prejudice if the appeal was allowed. The court also considered the merits of the appeal and concluded that the appeal had no reasonable prospects of success.