FEDERAL COURT OF AUSTRALIA
Cooper v Sonnet trading as V People [2024] FCA 331
Appeal from: Cooper v William Sonnet Trading as V People [2023] FedCFamC2G 772 File number(s): QUD 385 of 2023 Judgment of: MEAGHER J Date of judgment: 5 April 2024 Catchwords: PRACTICE AND PROCEDURE – Appeal – No error of law – Where appellant claims fraudulent documents were adduced – Where no basis to reverse findings of fact – Appeal dismissed Legislation: Federal Court of Australia Act 1976 (Cth) s 27
Federal Court Rules 2011 (Cth) rr 36.01(2), 36.72
Cases cited: CKF16 v Minister for Immigration & Border Protection [2017] FCA 1492
Commissioner for Railways v Small (1938) 38 SR (NSW) 564
Edwards v Noble (1971) 125 CLR 296
Lindsey v Philip Morris Ltd [2004] FCAFC 40
McKinnon v Commonwealth Bank of Australia [2006] FCAFC 10
Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157
Division: Fair Work Registry: Queensland National Practice Area: Employment and Industrial Relations Number of paragraphs: 40 Date of hearing: 6 March 2024 Counsel for the Applicant: Applicant appeared in-person Counsel for the Respondent: Respondent appeared in-person ORDERS
QUD 385 of 2023 BETWEEN: CAROLYN COOPER
Applicant
AND: WILLIAM SONNET T/A V PEOPLE
Respondent
ORDER MADE BY:
MEAGHER J
DATE OF ORDER:
5 APRIL 2024
THE COURT ORDERS THAT:
1.The notice of objection to competency of appeal filed on 23 November 2023 be dismissed.
2.The appeal be dismissed.
3.The parties are to bear their own costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
MEAGHER J
INTRODUCTION
By an amended notice of appeal filed on 10 November 2023, the appellant seeks to appeal against the whole of the decision of Cooper v William Sonnet Trading as V People [2023] FedCFamC2G 772 (PJ). The Primary Judge dismissed an application seeking the payment of unpaid wages on the basis that the respondent had rectified the underpayment and remitted 47 per cent to the Australian Taxation Office (ATO). In her amended notice of appeal, the appellant relied on the following grounds:
1.I oppose the orders to dismiss this case made by Judge Vasta 07//09/2023.
2.The evidence of payment provided and relied upon by the respondent was not evidence of wages paid to appellant. The appellant did not receive unpaid wages from respondent of $10,467.89.
3.I ask permission for the court to issue 2 subpoenas relating to the 2 unresolved issues in dispute by the appellant. Payment for balance of unpaid wages has not been received by the appellant. Please refer to pages 8 to 13 of original Affidavit for detailed explanation.
The appellant thus seeks orders for the respondent to pay the appellant the sum of $10,467.89, damages and costs.
For the reasons that follow, the appeal is dismissed.
BACKGROUND
The proceedings below
The factual background to…
Keep reading for free
Create a free CaseChat account to read Cooper v Sonnet trading as v People and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] FCA 331
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the appeal had been filed competently, particularly whether the appellant's claims of fraudulent evidence presented a valid ground for appeal. The court considered the respondent's argument that the appellant had failed to challenge the authenticity of the evidence during the original proceedings, citing relevant case law. The court concluded that the appeal was competent but found it to be without merit, as the appellant had not provided evidence to support her claims of fraud.
The court's reasoning was that the appellant had not demonstrated any error of law or fact by the Primary Judge that warranted the appeal. The underpayment had been rectified, and there was no evidence presented to substantiate the appellant's claims of fraudulent documents. Consequently, the appeal was dismissed, and the parties were ordered to bear their own costs. The court's decision was based on the appellant's inability to show any appealable error, reinforcing the findings of the Primary Judge.
Orders
Orders of the court
1. The notice of objection to competency of appeal filed on 23 November 2023 be dismissed.
2. The appeal be dismissed.
3. The parties are to bear their own costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.