Cook, Quentin Redvers v Australia Postal Corp [1997] FCA 597

CATCHWORDS INDUSTRIAL LAW - UNLAWFUL TERMINATION - FUNCTUS OFFICIO. Hassell; Re Quirk [1937] 37 SR(NSW) Graziers Association of New South Wales v Australian Legion of Ex-Servicemen and Women [1949] 49 SR (NSW) Arnett v Holloway [1960] VR 22 Halsbury's Laws of England 4th ed Vol 2 at par 613 and Vol 26 Ivanhoe Gold Corporation Ltd v Symonds [1906] 4 CLR 642 Ainsworth v Wilding (1896) 1 Ch 673 Grierson v The King [1938] 60 CLR 431 Spooner v Spooner (1956) 73 WN (NSW) 353. Bailey v Marinoff [1971] 125 CLR Meier v Meier [1948]1 All E.R. 161 Hutchinson v Nominal Defendant [972] NSWLR 443 Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126 QUENTIN REDVERS COOK -V- AUSTRALIA POSTAL CORPORATION No. NI 4428 of 1995 Before:Judicial Registrar Locke Place: Sydney Date: 30th May 1997

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NI 4428 of 1995

BETWEEN: QUENTIN REDVERS COOK Applicant

AND: AUSTRALIA POSTAL CORPORATION Respondent MINUTES OF ORDERS Judicial Registrar Locke 30 May 1997

THE COURT ORDERS THAT: 1. That the matter be referred to a Judge of this Court for further directions.

FEDERAL COURT OF AUSTRALIA INDUSTRIAL DIVISION NEW SOUTH WALES DISTRICT REGISTRY NI 4428 of 1995 BETWEEN: QUENTIN REDVERS COOK Applicant AND: AUSTRALIA POSTAL CORPORATION Respondent REASONS FOR DECISION THE APPLICATION On 19 March 1997, I published the judgment in this matter. Mr King of Counsel made submissions in relations to the awarding costs at large. The application did not specifically refer to costs incurred after the respondent sought and was granted leave to re-open its case on 4th July 1997. Subsequent upon making this order, directions were given as to the service of statements which were foreshadowed as being crucial to the respondent's case. From the bar table, Mr Watson of Counsel informed the Court the makers of these statements were to be various relevant post office managers of the respondent. The Court directed they be probative of no other issue but reinstatement. Mr Watson, assured the Court this could and would be undertaken in the limited period specified, albeit with difficulty.