DOWLING v KIRK and 16 Ors (No.2)

Case

[2008] FMCA 185

4 February 2008


FEDERAL MAGISTRATES COURT OF AUSTRALIA

DOWLING v KIRK & 16 ORS (No.2) [2008] FMCA 185
INDUSTRIAL LAW – Adjournment pending decision of Full Court of the Federal Court on appeal from earlier interlocutory decision.
Applicant: SHANE DOWLING
First Respondent: DAVID KIRK
Second Respondent: RON WALKER
Third Respondent: JULIA MARION KING
Fourth Respondent: ROGER CORBETT
Fifth Respondent: MARK BURROWS
Sixth Respondent: DAVID EVANS
Seventh Respondent: PETER YOUNG
Eighth Respondent: JOHN FAIRFAX
Ninth Respondent: NICHOLAS FAIRFAX
Tenth Respondent: GAIL HAMBLY
Eleventh Respondent: LINDA PRICE
Twelfth Respondent: CAROLYN BRADLEY
Thirteenth Respondent: KELLY DALY
Fourteenth Respondent: NATALIE CARRINGTON
Fifteenth Respondent: YEMEE FERNANDES
Sixteenth Respondent: KEVIN STOKES
Seventeenth Respondent: ROBERT WHITEHEAD
File Number: SYG 2704 of 2007
Judgment of: Cameron FM
Hearing date: 4 February 2008
Date of Last Submission: 4 February 2008
Delivered at: Sydney
Delivered on: 4 February 2008

REPRESENTATION

The Applicant appeared in person.

Counsel for the Respondent: Ms. K. Eastman
Solicitors for the Respondent: Freehills

ORDERS

  1. The proceedings be stood over to a date to be fixed.

  2. Within 14 days of delivery of the judgment of the Full Court of the Federal Court in the appeal from my judgment in these proceedings dated 20 December 2007, or within 14 days of settlement of those appeal proceedings, the parties are to approach my Associate for the allocation of a date for directions.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG 2704 of 2007

SHANE DOWLING

Applicant

And

DAVID KIRK

First Respondent

RON WALKER

Second Respondent

JULIA MARION KING

Third Respondent

ROGER CORBETT

Fourth Respondent

MARK BURROWS

Fifth Respondent

DAVID EVANS

Sixth Respondent

PETER YOUNG

Seventh Respondent

JOHN FAIRFAX

Eighth Respondent

NICHOLAS FAIRFAX

Ninth Respondent

GAIL HAMBLY

Tenth Respondent

LINDA PRICE

Eleventh Respondent

CAROLYN BRADLEY

Twelfth Respondent

KELLY DALY

Thirteenth Respondent

NATALIE CARRINGTON

Fourteenth Respondent

YEMEE FERNANDES

Fifteenth Respondent

KEVIN STOKES

Sixteenth Respondent

ROBERT WHITEHEAD

Seventeenth Respondent

REASONS FOR JUDGMENT

  1. In these proceedings, which are one of three proceedings brought by the applicant in this Court last year, I delivered judgment on 20 December 2007. The applicant was unsuccessful in some respects, sought leave to appeal to the Full Court of the Federal Court and has been granted leave to appeal in respect of some issues. As a result of that leave being granted, it is agreed by the parties that it is not appropriate that this matter proceed any further until the Full Court of the Federal Court delivers its decision, and there will be orders accordingly.

I certify that the preceding one (1) paragraph is a true copy of the reasons for judgment of Cameron FM

Associate:

Date:  20 February 2008

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