Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nield v Mathieson [2014] FCAFC 74 Citation: Nield v Mathieson [2014] FCAFC 74
Appeal from: Mathieson v South End Mixed Business [2013] FCCA 1749
Parties: MAJORIE NIELD and KEITH GEORGE NIELD v BETH LENNESE MATHIESON
File number: VID 30 of 2014
Judge: TRACEY, BROMBERG & MORTIMER JJ
Date of judgment: 19 June 2014
Catchwords: INDUSTRIAL LAW – appeal from the Federal Circuit Court – whether employment relationship existed – whether proper classification under relevant award – whether natural justice denied EVIDENCE – whether trial judge erred by placing "too much" weight on demeanour and credit of witnesses – whether s 140 of the Evidence Act was correctly applied EQUITY – quantum meruit claim
Legislation: Evidence Act 1995 (Cth) – s 140 Fair Work Act 2009 (Cth) – s 323
Cases cited: Byrne v Australian Airlines Limited (1995) 185 CLR 410 – cited Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 – considered Fox v Percy (2003) 214 CLR 118 – cited Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635 – cited
Date of hearing: 19 May 2014
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 77
Counsel for the Appellants: Mr M McKenny and Mr P Kelly
Solicitor for the Appellants: Gaden and Green
Counsel for the Respondent: Mr J McKenna
Solicitor for the Respondent: Becklegal
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