Laing v Construction, Forestry, Mining and Energy Union (No 2) [2006] FCA 750

FEDERAL COURT OF AUSTRALIA

Laing v Construction, Forestry, Mining and Energy Union (No 2) [2006] FCA 750

WILLIAM LAING (An inspector appointed pursuant to s 84(2)(a) of the Workplace Relations Act 1996) and NIGEL HADGKISS -v- CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and JOHN CUMMINS and S J HIGGINS PTY LTD and SHANE CHRISTOPHER SHEEDY

VID 895 of 2003

RYAN J

16 JUNE 2006

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 895 of 2003

BETWEEN: WILLIAM LAING (An inspector appointed pursuant to s 84(2)(a) of the Workplace Relations Act 1996)

First Applicant

NIGEL HADGKISS

Second Applicant

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Respondent

AND JOHN CUMMINS

Second Respondent

AND S J HIGGINS PTY LTD

Third Respondent

SHANE CHRISTOPHER SHEEDY

Fourth Respondent

JUDGE: RYAN J

DATE OF ORDER: 16 JUNE 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The proceeding be dismissed in relation to any relief claimed against the fourth respondent Shane Christopher Sheedy ("Sheedy") personally.

2. The applicants have leave to file and serve, by 7 July 2006, a further amended application conforming generally with the draft further amended application filed on 8 July 2005 but further amended to take account of:

(a) the dismissal of the proceeding as against Sheedy ordered by paragraph 1 of this Order; and

(b) the reasons for judgment published this day.