Tamu v World Vision Australia

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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 2021
Judgment 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 2021
BETWEEN:

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:

  1. 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.

  2. 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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Details
Case
[2021] FCA 333
Decision Date

CaseChat Overview and Summary

In the case of Tamu v World Vision Australia, the applicant, Mr Tamu, sought leave to appeal against judgments in proceedings before the Fair Work Commission and to appeal against interlocutory orders in the Federal Circuit Court. Mr Tamu had been dismissed by World Vision Australia and sought to bring various claims, including unfair dismissal, under the Fair Work Act 2009. The court was asked to decide whether Mr Tamu should be granted leave to appeal against the judgments and orders in question.

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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