Suddhoo v Woolworths Ltd (No.2)

[2019] FCCA 3284

FEDERAL CIRCUIT COURT OF AUSTRALIA

SUDDHOO v WOOLWORTHS LTD (No.2) [2019] FCCA 3284

Catchwords:
PRACTICE & PROCEDURE – Application in a case for summary dismissal – reagitation of an issue that has been determined – supporting affidavit struck out – application in a case dismissed.

Legislation:

Federal Circuit Court Rules 2001 (Cth), r 15.29

Applicant: AKSHEYE SUDDHOO

Respondent: WOOLWORTHS LTD

File Number: PEG 449 of 2017

Judgment of: Judge Street

Hearing date: 14 November 2019

Date of Last Submission: 14 November 2019

Delivered at: Perth

Delivered on: 14 November 2019

REPRESENTATION

The Applicant appeared via telephone link

Counsel for the Respondent: Ms R Cosentino

Solicitors for the Respondent: Sparke Helmore

ORDERS

1. The application in a case filed on 19 July 2019 is dismissed.

2. The affidavit of the applicant filed on 19 July 2019 is struck out pursuant to r 15.29 of the Federal Circuit Court Rules 2001 (Cth) and is to be removed from the electronic court file.

Date of order: 14 November 2019

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PERTH

PEG 449 of 2017

AKSHEYE SUDDHOO

Applicant

And

WOOLWORTHS LTD

Respondent

REASONS FOR JUDGMENT

1. These are proceedings within the Court’s jurisdiction under s 566 of the Fair Work Act 2009 (Cth) which were commenced on 18 August 2017.

2. On 27 August 2018, the applicant filed an application for summary dismissal which was dismissed.

3. On 19 July 2019, the applicant filed a further application in a case seeking to reagitate in substance the same issue of summary dismissal. It is not appropriate to reagitate an interlocutory issue that has been determined unless there has been a material change of circumstances. No material change of circumstances had been identified. It is for these reasons that the Court dismissed the further application in a case.

4. The applicant had also filed an affidavit in support of the further application in a case dated 19 July 2019. The allegations in that affidavit went outside the subject matter of the proceedings and made scandalous assertions in respect of which there was no proper basis for the allegations. In these circumstances, the Court was satisfied that it was appropriate to make an order for the striking out of the affidavit pursuant to r 15.29 of the Federal Circuit Court Rules 2001 (Cth) and for the removal of that affidavit from the electronic court file.

I certify that the preceding four (4) paragraphs are a true copy of the transcript of the published oral reasons for judgment of Judge Street delivered in open Court on 14 November 2019 and the parties were provided sealed copies of the Court’s orders.

Associate:

Date: 6 August 2020