Bahonko v Moorfields Community & Anor

[2005] HCATrans 863

[2005] HCATrans 863

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M65 of 2005

B e t w e e n -

STANISLAWA BAHONKO

Applicant

and

MOORFIELDS COMMUNITY (AN AGENCY OF THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST OF VICTORIA)

First Respondent

BODALLA AGED CARE SERVICES

Second Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

McHUGH J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON THURSDAY, 20 OCTOBER 2005, AT 11.01 AM

Copyright in the High Court of Australia

__________________

McHUGH J:   The applicant, Mrs Bahonko, was formerly employed by the first and second respondents as a registered nurse.  Moorfields terminated her employment on the grounds of alleged misconduct and Bodalla, the second respondent, terminated her employment on the basis that Mrs Bahonko had abandoned her employment.  On 4 February 2005, the Federal Court dismissed an application by Mrs Bahonko in which she claimed that the termination of her employment by each of the respondents constituted a violation of the Workplace Relations Act 1996 (Cth). On 15 June 2005, the Full Federal Court dismissed her appeal against that decision. Their Honours found no error in the primary judge’s reasons or conclusions. The applicant was unable to substantiate her claims of assault or defamation, or that the primary hearing was defective in any way.

In her submissions in support of the present application, the applicant alleges that the Full Federal Court’s decision was affected by actual bias, that it was involved in a conspiracy to pervert the course of justice, and that it was in breach of several international agreements to which Australia is a party.  These allegations are not borne out by the Full Court’s judgment.  The applicant has not succeeded in showing that she has any arguable cause of action.  Accordingly, the application for special leave to appeal must be dismissed.

Under the power conferred by Rule 41.10.5 we direct the Registrar to draw up, sign and seal an order that the application is dismissed.  I publish our joint reasons.

AT 11.01 AM THE MATTER WAS CONCLUDED