Linfox Armaguard Pty Ltd T/A Linfox Armaguard v Craig Symes

The applicant, Linfox Armaguard Pty Ltd, trading as Linfox Armaguard, sought permission to appeal and the appeal of a decision made by Deputy President Asbury on 13 December 2018 in the matter of U2018/4510. This case involved an unfair dismissal application, with the applicant arguing that the dismissal of Craig Symes was both harsh and unreasonable. The applicant sought reinstatement and the payment of part of the lost remuneration.

The primary legal issues before the court were whether there was an arguable case of appealable error in the decision of Deputy President Asbury and whether the public interest was sufficiently engaged to warrant the grant of special leave to appeal. The court had to consider the criteria for special leave to appeal, including the significance of the question of law involved and the importance of the outcome of the appeal to the public or to the administration of justice.

The court found that there was no arguable case of appealable error in the decision of Deputy President Asbury. The court reasoned that the decision was supported by the evidence and the law, and that the applicant had not demonstrated a sufficient basis for special leave to appeal. Additionally, the court determined that the public interest was not sufficiently enlivened to warrant the grant of special leave to appeal. Consequently, the application for permission to appeal was refused and the appeal was dismissed.