FEDERAL COURT OF AUSTRALIA
Tamu v World Vision Australia [2021] FCA 333
Appeal from: Tamu v World Vision Australia [2020] FCCA 3465 File numbers: QUD 372 of 2020
QUD 35 of 2021Judgment of: RANGIAH J Date of judgment: 9 April 2021 Catchwords: INDUSTRIAL LAW – application for leave to appeal against judgment striking out Form 2 application where applicant granted leave to replead – further application for leave to appeal against interlocutory orders – no substantial injustice – no reasonable prospects of success - leave refused Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A)
Federal Court Rules 2011 (Cth) r 39.04
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50 Division: Fair Work Division Registry: Queensland National Practice Area: Employment and Industrial Relations Number of paragraphs: 13 Date of hearing: Determined on the papers Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondent: Mr M McKechnie Solicitor for the Respondent: Kingston Reid ORDERS
QUD 372 of 2020
QUD 35 of 2021BETWEEN: LUKE TAMU
Applicant
AND: WORLD VISON AUSTRALIA
Respondent
ORDER MADE BY:
RANGIAH J
DATE OF ORDER:
9 APRIL 2021
THE COURT ORDERS THAT:
1.The applicant’s application for leave to appeal filed on 3 December 2020 in proceeding QUD 372 of 2020 be dismissed.
2.The applicant’s application for leave to appeal filed on 12 February 2021 in proceeding QUD 35 of 2021 be dismissed.
3.The applicant’s interlocutory application filed on 21 December 2020 in proceeding QUD 372 of 2020 be dismissed.
4.The applicant’s interlocutory application filed on 11 January 2021 in proceeding QUD 372 of 2020 be dismissed.
5.The respondent file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 16 April 2021.
6.The applicant file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 23 April 2021.
7.The respondent file and serve any submissions as to costs in reply (not exceeding one page) by 4.30 pm on 28 April 2021.
8.Any issue of costs will be decided on the papers.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
RANGIAH J:
In proceeding QUD 372 of 2020, the applicant has filed:
(1)an application for leave to appeal against orders of the Federal Circuit Court of Australia delivered on 17 November 2020, striking out the applicant’s initiating application in Form 2;
(2)an interlocutory application seeking, among other orders, a declaration that the respondent has abused the process of the Court;
(3)an interlocutory application seeking a stay of the orders made on 17 November 2020.
In proceeding QUD 35 of 2021, the applicant has applied for leave to appeal against orders of the Federal Circuit Court made on 8 February 2021. The orders, relevantly, adjourned the respondent’s application for summary judgment in respect of the applicant’s further amended application in Form 2 filed on 28 January 2021 and dismissed two applications in a…
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- Case
- [2021] FCA 333
- Decision Date
CaseChat Overview and Summary
The court considered whether Mr Tamu had substantial grounds for appeal and whether there was a reasonable prospect of success if an appeal were to proceed. The court also had to consider whether the making of the orders would result in substantial injustice. The court found that Mr Tamu had not demonstrated that he had substantial grounds for appeal or that there was a reasonable prospect of success. The court also found that there would be no substantial injustice if the application for leave to appeal were to be dismissed.
Accordingly, the court dismissed the application for leave to appeal against the judgment of the Fair Work Commission, the application for leave to appeal against the interlocutory orders of the Federal Circuit Court, and the interlocutory applications filed by Mr Tamu. The court ordered that the parties file and serve written submissions on the issue of costs. The court also noted that the issue of costs would be decided on the papers.
The court's decision highlights the importance of demonstrating substantial grounds for appeal and a reasonable prospect of success when applying for leave to appeal. The court also emphasised the need for parties to consider the potential consequences of their litigation strategy, including the risk of incurring costs.
Orders
Orders of the court
ORDER MADE BY:
RANGIAH J
DATE OF ORDER:
9 APRIL 2021
THE COURT ORDERS THAT:
1. The applicant’s application for leave to appeal filed on 3 December 2020 in proceeding QUD 372 of 2020 be dismissed.
2. The applicant’s application for leave to appeal filed on 12 February 2021 in proceeding QUD 35 of 2021 be dismissed.
3. The applicant’s interlocutory application filed on 21 December 2020 in proceeding QUD 372 of 2020 be dismissed.
4. The applicant’s interlocutory application filed on 11 January 2021 in proceeding QUD 372 of 2020 be dismissed.
5. The respondent file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 16 April 2021.
6. The applicant file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 23 April 2021.
7. The respondent file and serve any submissions as to costs in reply (not exceeding one page) by 4.30 pm on 28 April 2021.
8. Any issue of costs will be decided on the papers.
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
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Ratio Decidendi
Legal Principle Established
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