Kim v Hasegawa & Ye International Pty Ltd (No.2)

[2018] FCCA 3355

FEDERAL CIRCUIT COURT OF AUSTRALIA

KIM v HASEGAWA & YE INTERNATIONAL PTY LTD (No.2) [2018] FCCA 3355

Catchwords:
INDUSTRIAL LAW – Fair Work Act 2009 (Cth) – application for remuneration for unpaid wages and superannuation – settlement agreement entered into by the parties at mediation – parties invited to resolve dispute concerning payments under the mediation agreement by negotiation – negotiation successful – proceeding has no further utility and parties consent to dismissal – application dismissed with no order as to costs.

Legislation:

Fair Work Act 2009 (Cth)

Federal Circuit Court of Australia Act 1999 (Cth), s.15

Cases cited:

Kim v Hasegawa and Ye International Pty Ltd [2018] FCCA 2881

Applicant: EUN YOUNG KIM

Respondent: HASEGAWA & YE INTERNATIONAL PTY LTD

File Number: SYG 4022 of 2017

Judgment of: Judge Dowdy

Hearing date: 16 November 2018

Delivered at: Sydney

Delivered on: 16 November 2018

THE ORDERS OF THE COURT ARE AS FOLLOWS:

1. Pursuant to s.15 of the Federal Circuit Court of Australia Act 1999 (Cth) and by consent the Application filed herein on 22 December 2017 and the proceeding generally is dismissed, with no order as to costs.

2. Dispense with the need for any party to appear in Court on 16 November 2018.

3. Vacate the further hearing set down for 23 November 2018.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 4022 of 2017

EUN YOUNG KIM

Applicant

And

HASEGAWA & YE INTERNATIONAL PTY LTD

Respondent

REASONS FOR JUDGMENT

EX TEMPORE

(Revised from Transcript)

1. In this matter, I delivered a judgment on 5 October 2018 bearing citation [2018] FCCA 2881 which if necessary should be read as a prelude to this judgment. By the time of that judgment a Settlement Agreement at a mediation before a Registrar of this Court had been reached, but there continued to be a dispute about the quantum to be paid under the Settlement Agreement and whether it had been paid.

2. The matter was last before the Court on 5 October 2018 when I made orders directed at encouraging the parties to exchange information which might lead to a settlement and resolution of the whole proceeding.

3. Fortunately, the parties have assisted each other to get to a point where certain information was provided which led to my Associate sending an email to the Applicant on 26 October 2018, indicating to her that it now appeared to me that she had been paid all moneys payable to her under the mediation Settlement Agreement and enquiring as to whether she would she inform the Court if the proceeding might be dismissed with no order as to costs.

4. The Applicant did not immediately respond to that email, but ultimately at 8.57 pm yesterday, Thursday 15 November 2018, the Applicant sent to my Associate an email which I consider indicates that she is satisfied that she has been paid the amount to which she was entitled under the mediation Settlement Agreement, being $20,235. That email ends with a paragraph stating:

   Now, I have received amount 20,235 for under the settlement agreement dated 22 June 2018.

5. In these circumstances, as the proceeding now has no further utility and the Applicant is not entitled to obtain any further or other or better relief by further pursuing it, I make the following orders:

   1.Pursuant to s.15 of the Federal Circuit Court of Australia Act 1999 (Cth) and by consent the Application filed herein on 22 December 2017 and the proceeding generally is dismissed, with no order as to costs.

   2.Dispense with the need for any party to appear in Court on 16 November 2018.

   3.Vacate the further hearing set down for 23 November 2018.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Dowdy

Associate: 

Date:  26 November 2018