Dahdah v Platinum Distributors Australia Pty Ltd [2023] FCAFC 65

Federal Court of Australia

Dahdah v Platinum Distributors Australia Pty Ltd [2023] FCAFC 65 Appeal from: Dahdah v Platinum Distributors Australia Pty Ltd (No 2) [2022] FCA 416

File number(s): NSD 373 of 2022

Judgment of: RANGIAH, GOODMAN AND MCELWAINE JJ

Date of judgment: 5 May 2023

Catchwords: INDUSTRIAL LAW – claim for unpaid wages and entitlements under the Fair Work Act 2009 (Cth) – where primary judge's central findings based heavily upon findings as to credit – whether the primary judge erred by making findings contrary to incontrovertible facts on uncontradicted testimony, were glaringly improbable or were contrary to compelling inferences – whether the primary judge erred by failing to consider particular evidence PRACTICE AND PROCEDURE – application for adjournment of appeal made at the commencement of the hearing – no sufficiently cogent explanation – whether the interests of justice required an adjournment – application refused

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules)

Cases cited: Alhalek v Quintiliani trading as Kells Lawyers [2021] FCAFC 139 Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCAFC 215 BHP Billiton Nickel West Pty Ltd v KN (Deceased) (TJIWARL and TJIWARD #2) [2018] FCAFC 8; (2018) 258 FCR 521 Dahdah v Platinum Distributors Australia Pty Ltd (No 2) [2022] FCA 416 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; (2013) 250 CLR 303 Fox v Perry [2003] HCA 22; (2003) 214 CLR 118 Frigger v Trenfield (No 3) [2023] FCAFC 49 Gabrielle v Abood (No 2) [2023] NSWCA 28 Jess v Cooloola Milk Pty Ltd [2022] FCAFC 75; (2022) 292 FCR 284 at 290 Lee v Lee [2019] HCA 28; (2019) 266 CLR 129 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Yousif v Commonwealth Bank of Australia [2010] FCAFC 8; (2010) 193 IR 212