FEDERAL COURT OF AUSTRALIA
Rangi v Kmart Australia Ltd [2019] FCA 1778
Appeal from: Application for leave to appeal:
File numbers: VID 949 of 2018
VID 1618 of 2018Judge: STEWARD J Date of judgment: 1 November 2019 Catchwords: INDUSTRIAL LAW – applications for leave to appeal –
where primary judge gave summary judgment in a proceeding involving adverse action claims – where primary judge made costs order pursuant to s 570 of the Fair Work Act 2009 (Cth) – whether the decisions are attended by sufficient doubt – whether the alleged failures to promote altered the position of the employee to the employee’s prejudice within the meaning of item 1(c) of s 342(1) of the Fair WorkAct 2009 (Cth) – whether the decision to order costs warrants reconsiderationLegislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 361, 570
Federal Circuit Court of Australia Act 1999 (Cth) s 17A
Federal Court of Australia Act 1976 (Cth) s 24
Workplace Relations Act 1996 (Cth) s 298K (repealed)
Limitation of Actions Act 1958 (Vic) s 5
Cases cited: Blair v Australian Motor Industries Ltd (1982) 3 IR 176
Childs v Metropolitan Transport Trust (1982) 29 AILR 24
Community and Public Sector Union v Commonwealth of Australia [2006] FCAFC 176; (2006) 157 IR 470
Community and Public Sector Union v Telstra Corporation Ltd (2001) 107 FCR 93
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Ex parte Bucknell (1936) 56 CLR 221
House v The King (1936) 55 CLR 499
Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564
MZABP v Minister for Immigration and Border Protection (2015) 242 FCR 585
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1
Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (2012) 202 FCR 244
Rowland v Alfred Health [2014] FCA 2
Ryan v Primesafe [2015] FCA 8; (2015) 323 ALR 107
Samsung Electronics Company Ltd v Apple Inc (2011) 217 FCR 238
Unsworth v Tristar Steering and Suspension Australia Ltd (2008) 216 FCR 122
Date of hearing: 28 August 2019 Registry: Victoria Division: Fair Work Division National Practice Area: Employment and Industrial Relations Category: Catchwords Number of paragraphs: 54 Solicitor for the Applicant: Mr Y Rangi of Rangi Lawyers Counsel for the Respondent: Mr M McKenney Solicitor for the Respondent: Landers & Rogers ORDERS
VID 949 of 2018 BETWEEN: YUDHVIR RANGI
Applicant
AND: KMART AUSTRALIA LTD
Respondent
VID 1618 of 2018 BETWEEN: YUDHVIR RANGI
Applicant
AND: KMART AUSTRALIA LTD
Respondent
JUDGE:
STEWARD J
DATE OF ORDER:
1 NOVEMBER 2019
THE COURT ORDERS THAT:
1.The application for leave to appeal be dismissed.
2.The parties are to confer on the issue of costs in respect of proceedings VID949/2018 and VID1618/2018 and within 14 days hereof they are to file agreed orders or, if no agreement is…
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- Case
- [2019] FCA 1778
- Decision Date
CaseChat Overview and Summary
The court considered whether the primary judge’s decisions were attended by sufficient doubt. It noted that the primary judge had found that Mr Rangi had failed to establish his claims on the balance of probabilities. The court examined the evidence and found that the primary judge’s conclusions were reasonable and not open to reconsideration. The court also considered the application for costs under section 570 of the Fair Work Act, which allows the court to order costs if it is satisfied that the proceedings were frivolous or vexatious, or were instituted or conducted in a manner that was unreasonable, oppressive or wasteful of time or resources. The court found that the proceedings were not frivolous or vexatious, and that the decision to order costs warranted reconsideration. The court noted that Mr Rangi had not provided any evidence to support his claims, and that his allegations were not supported by the evidence.
The application for leave to appeal was dismissed. The parties were ordered to confer on the issue of costs in respect of proceedings VID949/2018 and VID1618/2018 and to file agreed orders or submissions within 14 days. The court emphasised that the decision was not a reflection on the merits of the case, but rather a decision on the application for leave to appeal. The court also noted that the decision did not affect the outcome of the proceedings in the Federal Circuit Court.
Orders
Orders of the court
1. The application for leave to appeal be dismissed.
2. The parties are to confer on the issue of costs in respect of proceedings VID949/2018 and VID1618/2018 and within 14 days hereof they are to file agreed orders or, if no agreement is reached, submissions of no more than two pages in length.
Note: 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
Ratio Decidendi
Legal Principle Established
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