Warramunda Village Inc v Pryde [2002] FCAFC 58; [2002] FCA 250

Warramunda Village Inc v Pryde [2002] FCAFC 58 Warramunda Village Inc v Pryde [2002] FCA 250

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Warramunda Village Inc v Pryde [2002] FCA 250 INDUSTRIAL LAW – awards – construction - industry practice – meaning of "work" – "sleepover shift" – whether worker on "sleepover shift" is at work or "on call" PRACTICE AND PROCEDURE – declaratory judgments – nature of – split trial – whether rights have been declared – whether final or interlocutory – issue estoppel – whether declaratory judgment can be void – setting down for trial – bringing forward trial date – discretionary considerations – prospective application to amend award WORDS & PHRASES – "work" Industrial Relations Act 1992 (Vic) Workplace Relations Act 1996 (Cth), ss 178(1), 178(6), 179A Algama v Minister for Immigration and Multicultural Affairs [2001] FCA 1884 referred to Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1923) 18 CAR 852 referred to Attorney-General (Northern Territory) v Minister for Aboriginal Affairs (1987) 73 ALR 33 referred to Attorney-General v Foster (1999) 84 FCR 582 referred to Australian Builders' Labourers' Federated Union of Workers – Western Australian Branch v J-Corp Pty Ltd (1993) 42 FCR 452 referred to Australian Competition and Consumer Commission v IMB Group Pty Ltd [1999] FCA 313 referred to Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975 referred to Australian Telecommunications Corporation v Barnes (1995) 125 FLR 335 referred to Baker v R [1975] AC 774 referred to Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 referred to Branir Pty Ltd v Owston Nominees (No 2) [2001] FCA 1833 referred to Byrne v Australian Airlines Limited (1995) 185 CLR 410 referred to Caboche v Ramsay (1993) 119 ALR 215 referred to Cameron v Cole (1944) 68 CLR 571 referred to Carl Zeiss Stiftung v Rayner & Keeler Ltd (No 2) [1967] AC 853 referred to Cassell & Co Ltd v Broome [1972] AC 1027 referred to Clarke v Chadburn [1985] 1 WLR 78 referred to Coles v Wood [1981] 1 NSWLR 723 referred to Construction, Forestry, Mining and Energy Union v Employment Advocate [2001] FCA 1442 referred to Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 referred to Duralla Pty Ltd v Plant (1984) 2 FCR 342 referred to Eastern Trust Co v McKenzie, Mann & Co Ltd [1915] AC 750 referred to Federated Gas Employees Industrial Union (1942) 48 CAR 85 referred to Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 referred to Fisher & Paykel Healthcare Pty Ltd v Avion Engineering Pty Ltd (1991) 103 ALR 239 referred to Fraser v NRMA Holdings Limited (1995) 55 FCR 452 referred to Hadkinson v Hadkinson [1952] P 285 referred to Harrison-Broadley v Smith [1964] 1 WLR 456 referred to Holtby v Hodgson (1889) 24 QBD 103 referred to Hospital Employees' Industrial Union of Workers v Proprietors of Lee-Downs Nursing Home (1977) 57 WAIG 455 discussed Humphris v Harbour Radio Pty Ltd (1999) 32 ACSR 537 referred to Inland Revenue Commissioners v Rossminster Limited [1980] AC 952 referred to International General Electric Company of New York Ltd v Commissioners of Customs and Excise [1962] Ch 784 referred to Isaacs v Robertson [1985] 1 AC 97 referred to Joseph Lynch Land Co Ltd v Lynch [1995] 1 NZLR 37 referred to Jupp v Computer Power Group Ltd (1994) 1 IRCR 86 discussed Loudon v Ryder (No 2) [1953] 1 Ch 423 referred to Macks, re; ex parte Saint (2000) 75 ALJR 203 referred to Makhoul v Barnes (1995) 60 FCR 572 referred to Marra Developments Ltd v B W Rofe Pty Ltd [1977] 2 NSWLR 616 referred to McGarry v Boonah Clothing Pty Ltd (1993) 49 IR 66 discussed Meggitt Overseas Ltd v Grdovic (1998) 43 NSWLR 527 discussed Miliangos v George Frank (Textiles) Ltd [1976] AC 443 referred to Minister for Immigration and Multicultural Affairs v Jia (2001) 75 ALJR 679 referred to Minister for Minerals and Energy, Re; ex parte Wingate Holdings Pty Ltd [1987] WAR 190 doubted Norbis v Norbis (1986) 161 CLR 513 referred to NZI Securities Australia Ltd v Poignand (1994) 51 FCR 584 referred to Orica Ltd v Federal Commissioner of Taxation (2001) 182 ALR 77 referred to Ousley v R (1997) 192 CLR 69 referred to Peacock v Bell and Kendall (1667) 1 Wms. Saun 73; 85 ER 84 referred to Petreski v Cargill (1987) 18 FCR 68 referred to Posner v Collector for Interstate Destitute Persons (Vic) (1946)74 CLR 461 referred to Proctor v Jetway Aviation Pty Ltd [1984] 1 NSWLR 166 referred to R v Northumberland Compensation Appeal Tribunal; Ex parte Shaw [1951] 1 KB 711referred to R v Walsall Justices; Ex parte W [1990] 1 QB 253 referred to R v Whiteway; ex parte Stephenson [1961] VR 168 referred to Ramsay v Aberfoyle Manufacturing Co (Australia) Pty Ltd (1935) 54 CLR 230 referred to Residual Assco Group Ltd v Spalvins (2000) 74 ALJR 1013 referred to Sankey v Whitlam (1978) 142 CLR 1 referred to Scott v Bennett (1871) LR 5 HL 234 referred to Sparks v Harland [1997] 1 WLR 143 referred to Standard Discount Co v Otard de la Grange (1877) 3 CPD 67 referred to Suffolk County Council v Secretary of State for the Environment [1984] ICR 882 referred to Telstra Corporation Ltd v Desktop Marketing Systems Pty Ltd [2001] FCA 814 discussed Walker v Corporate Affairs Commission (1988) 13 NSWLR 550 referred to Willow Wren Canal Carrying Co Ltd v British Transport Commission [1956] 1 WLR 213 referred to Young v Bristol Aeroplane Co Ltd [1944] 1 KB 718 referred to E. Borchard Declaratory Judgments 2nd ed. 1941 Zamir and Woolf The Declaratory Judgment 2nd ed. 1993