Liverpool/Fairfield Disabled Persons Resource Service Inc v Liew

The case of *Liverpool/Fairfield Disabled Persons Resource Service Inc v Liew* concerned an appeal to the Court of Appeal of New South Wales. The appellant, Liverpool/Fairfield Disabled Persons Resource Service Inc, sought leave to appeal a decision of the Compensation Court concerning damages awarded to the respondent, Mr Liew, for permanent impairment to his neck and arms. The primary dispute revolved around whether the appellant should be granted leave to appeal a decision that had been made in their absence.

The central legal issue before the Court of Appeal was whether to grant leave to appeal a decision of the Compensation Court, particularly when the summons seeking leave to appeal was filed out of time. This raised the question of whether a strict application of the Supreme Court Rules, which governed the time limits for filing such a summons, would occasion an injustice to the appellant. The court was therefore required to consider the principles governing the grant of leave to appeal in circumstances where the procedural requirements had not been met.

The Court of Appeal dismissed the summons for leave to appeal. The judges reasoned that the appellant had not demonstrated sufficient grounds to justify departing from the strict application of the Supreme Court Rules regarding the time for filing the summons. The court found that the appellant had failed to establish that a failure to grant leave would result in an injustice, particularly given the lack of a compelling explanation for the delay in filing the application.

Consequently, the Summons for Leave to Appeal dated 23 July 2001 was dismissed, and the claimant, Liverpool/Fairfield Disabled Persons Resource Service Inc, was ordered to pay the opponent's costs of the summons.