Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danthanarayana v Commonwealth of Australia [2016] FCAFC 114 Appeal from: Danthanarayana v Commonwealth of Australia (No 2) [2016] FCA 157
File number: ACD 15 of 2016
Judges: JAGOT, BROMBERG AND MURPHY JJ
Date of judgment: 2 September 2016
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from summary dismissal – whether primary judge erred in dismissing the proceeding on the basis that the applicant's proposed pleading did not disclose any cause of action with a reasonable prospect of success – where applicant given multiple opportunities to re-plead case TORTS – negligence – where no direct contractual relationship between applicant and respondent – where applicant claimed breach of alleged duties of care owed by the respondent directly to him – where applicant claimed respondent was vicariously liable for conduct of employees INDUSTRIAL LAW – where applicant sought to claim compensation under the Fair Work Act 2009 (Cth) for a contravention of s 340(1)(a)(i) COSTS – whether the primary judge erred in ordering indemnity costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A, 31A(2) Trade Practices Act 1974 (Cth) Fair Work Act 2009 (Cth) s 340(1)(a)(i), 341, 342, Item 3
Cases cited: Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258; (2009) 75 NSWLR 649 Danthanarayana v Commonwealth of Australia [2014] FCA 552 Danthanarayana v Commonwealth of Australia (No 2) [2016] FCA 157 Leighton Contractors Pty Ltd v Fox [2009] HCA 35; (2009) 240 CLR 1 Melbourne Stadiums Ltd v Sautner [2015] FCAFC 20; (2015) 229 FCR 221 Nationwide News Pty Ltd v Naidu [2007] NSWCA 377; (2007) 71 NSWLR 471 New South Wales v Spearpoint [2009] NSWCA 233 Ombudsman v Quest South Perth Holdings Pty Ltd [2015] FCAFC 37; (2015) 228 FCR 346 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Stevens v Brodribb Sawmilling Co Pty Ltd [1986] HCA 1; (1986) 160 CLR 16 Sullivan v Moody [2001] HCA 59; (2001) 207 CLR 562 Western Australia v Watson [1990] WAR 248
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