Knight v CPSM Pty Ltd

Case [2022] HCASL 1


KNIGHT

v

CPSM PTY LTD

[2022] HCASL 1
B58/2021

  1. The applicant requires an extension of time within which to apply for special leave to appeal from a decision of the Court of Appeal of the Supreme Court of Queensland (Morrison JA, Boddice and North JJ) dismissing an appeal from a decision of the District Court of Queensland (Sheridan DCJ).  After an eight‑day trial, in which the applicant represented herself, Sheridan DCJ dismissed the applicant's claim that in the course of her employment she was exposed to a liquid chemical product in her workplace and developed a chemical hypersensitivity and other conditions, rendering her unable to work.

  2. The applicant also seeks an adjournment of the application for special leave until the results of a capacity assessment are provided to the Court.  The applicant informed the Court that a capacity assessment was to be conducted on 8 December 2021.  No assessment has been provided to the Court.  The application to adjourn the special leave application is refused.

  3. It also would be futile to grant an extension of time as there is no reason to doubt the correctness of the Court of Appeal's decision. The applicant does not otherwise identify any question of principle which it would be in the interests of justice for this Court to consider.

  4. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

M.M. Gordon S.H.P. Steward
10 February 2022
Details
AGLC
Knight v CPSM Pty Ltd [2022] HCASL 1
Case
[2022] HCASL 1
Decision Date

CaseChat Overview and Summary

Knight brought an application for an extension of time to apply for special leave to appeal against a decision of the Queensland Court of Appeal, which dismissed an appeal from a decision of the District Court of Queensland. The District Court had found in favour of the respondent, CPSM, dismissing Knight's claim that she had developed a chemical hypersensitivity and other conditions in the course of her employment due to exposure to a liquid chemical product in her workplace, rendering her unable to work. Knight also sought an adjournment of the application for special leave pending the outcome of a capacity assessment. The application for an adjournment was refused, and the application for an extension of time was dismissed.

The primary legal issue before the court was whether an extension of time should be granted to Knight to apply for special leave to appeal. Knight did not identify any question of principle that would be in the interests of justice for the court to consider. The court found that it would be futile to grant an extension of time as there was no reason to doubt the correctness of the Court of Appeal's decision. The court also noted that no capacity assessment had been provided to the court, and therefore, the application for an adjournment was refused.

The court dismissed Knight's application for an extension of time to apply for special leave to appeal, finding that it would be futile to grant such an extension as there was no reason to doubt the correctness of the Court of Appeal's decision. The court also refused the application for an adjournment of the special leave application pending the outcome of a capacity assessment, as no such assessment had been provided to the court. The court directed the Registrar to draw up, sign, and seal an order dismissing the application.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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