Irwin v Risk Cover

[2006] WASCA 60

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Extension of time to appeal
4. › Four-factor test
5. › Length of delay
6. › Reasons for delay
7. › Arguable case
8. › Prejudice to respondent
9. › Whether grossly excessive delay excused by psychiatric disability
10. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 84ZX

Quick Take

A psychiatric disability that is itself the subject of the proceedings may constitute an exceptional circumstance sufficient to excuse a grossly excessive delay of over four years in commencing an appeal, where the Full Court has already found an arguable case.

Case Details

Citation[2006] WASCA 60

CourtWASCA

JurisdictionWestern Australia

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Relies on3

2000Brown v Metro Meat International LtdWASCA 123
1998Jackamarra v KrakouerHCA 27
1953Australian Coal and Shale Employees' Federation v The Commonwealth ; (1953) 94HCA 25

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