Pigozzo v Mineral Resources Ltd

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FEDERAL COURT OF AUSTRALIA

Pigozzo v Mineral Resources Ltd [2023] FCA 331

Appeal from: Pigozzo v Mineral Resources Ltd [2022] FCA 1166
File number: WAD 217 of 2022
Judgment of: COLVIN J
Date of judgment: 3 April 2023
Date of publication of reasons: 12 April 2023
Catchwords: PRACTICE AND PROCEDURE - application for leave to appeal a decision of the Federal Court of Australia - where primary judge struck out paragraphs of statement of claim with leave to re-plead - where applicant alleges primary judge adopted an overly technical approach to the expression of pleadings - where applicant alleges substantial injustice - application dismissed
Cases cited:

Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated (1981) 148 CLR 170

Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2019] FCA 1284

Barclay Mowlem Construction Ltd v Dampier Port Authority [2006] WASC 281; (2006) 33 WAR 82

Décor Corporation Pty Ltd v Dart Industries Inc (1993) 33 FCR 397

Nationwide News Pty Limited v Rush [2018] FCAFC 70

Oztech Pty Ltd v Public Trustee of Queensland [2019] FCAFC 102; (2019) 269 FCR 349

Sabapathy v Jetstar Airways [2021] FCAFC 25; (2021) 283 FCR 348

Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 38
Date of hearing: 3 April 2023
Counsel for the Applicant: Mr B Collins KC with Ms CM Saraceni
Solicitor for the Applicant: Harmers Workplace Lawyers
Counsel for the First and Second Respondents: Mr S Penglis SC
Solicitor for the First and Second Respondents: Bennett
Counsel for the Third and Fourth Respondent: The Third and Fourth Respondents did not appear

ORDERS

WAD 217 of 2022
BETWEEN:

STEVEN PIGOZZO

Applicant

AND:

MINERAL RESOURCES LTD (ACN 118 549 910)

First Respondent

CHRIS ELLISON

Second Respondent

BENNETT + CO

Third Respondent

ROBERT 'BOB' GAVRANICH
Fourth Respondent

ORDER MADE BY:

COLVIN J

DATE OF ORDER:

3 APRIL 2023

THE COURT ORDERS THAT:

1.Until further order, no person shall publish any account of the hearing of the proceedings today.

2.The application for leave to appeal is dismissed.

3.The question whether the order restricting publication of the hearing of these proceedings shall continue to be listed for hearing at 12.30 pm 3 April 2023.

4.The costs of the application for leave to appeal be reserved.

5.On or before 17 April 2023, any application for costs orders shall be brought by filing written submissions of no more than 5 pages and any necessary affidavit in support, such submissions to state the terms of any orders sought.

THE COURT NOTES THAT:

A.Later on 3 April 2023, a further order was made that order 1 shall not continue and limited non-publication orders were made.

Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT

COLVIN J:

  1. Mr Steven Pigozzo was formerly an employee of Mineral Resources Ltd (MRL).  He claims to have been unlawfully dismissed from his employment.  On…

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Details
Case
[2023] FCA 331
Decision Date

CaseChat Overview and Summary

The parties to this case are Pigozzo, the applicant, and Mineral Resources Ltd, the respondent. The dispute involves an application for leave to appeal a decision of the Federal Court of Australia, where the primary judge struck out certain paragraphs of the applicant's statement of claim and allowed the applicant to re-plead. The applicant contends that the primary judge adopted an overly technical approach to the expression of pleadings and that this has caused substantial injustice. The Federal Court of Australia heard the application and made a decision.

The legal issues the court was required to decide included whether the primary judge's approach to the expression of pleadings was overly technical and whether this resulted in substantial injustice to the applicant. The court was also required to consider whether the applicant's application for leave to appeal should be granted.

In dismissing the application, the court found that the primary judge's approach to the expression of pleadings was not overly technical and that there was no substantial injustice caused to the applicant. The court held that the primary judge had correctly applied the law and that the applicant's application for leave to appeal should be dismissed. The court also made orders regarding the publication of the hearing of the proceedings and the costs of the application.

The court dismissed the application for leave to appeal and made several orders. These orders included a non-publication order that was later modified, an order reserving the costs of the application, and an order requiring any application for costs orders to be brought by filing written submissions and any necessary affidavits. The court also listed the question of whether the order restricting publication of the hearing of these proceedings shall continue to be heard on a specific date.

Orders

Orders of the court

1. Until further order, no person shall publish any account of the hearing of the proceedings today.

2. The application for leave to appeal is dismissed.

3. The question whether the order restricting publication of the hearing of these proceedings shall continue to be listed for hearing at 12.30 pm 3 April 2023.

4. The costs of the application for leave to appeal be reserved.

5. On or before 17 April 2023, any application for costs orders shall be brought by filing written submissions of no more than 5 pages and any necessary affidavit in support, such submissions to state the terms of any orders sought.

THE COURT NOTES THAT:

A. Later on 3 April 2023, a further order was made that order 1 shall not continue and limited non-publication orders were made.

Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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