Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2010] FCA 349 Citation: Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2010] FCA 349
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, JOSEPH MCDONALD and MICHAEL BUCHAN v AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSIONER
File number: WAD 24 of 2010
Judge: GILMOUR J
Date of judgment: 13 April 2010
Catchwords: PRACTICE & PROCEDURE – appeal – application for extension of time and leave to appeal from interlocutory discretionary judgment – whether decision attended with sufficient doubt – whether substantial injustice if leave were refused – no substantive right determined – no prospects of success – application dismissed.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 36(1)(g)(i), 38, 39(1), 49(1)(c) Trustee Act 1925 (NSW) s 69
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2009] FCA 1092 Australian Building & Construction Commissioner v Construction, Forestry, Mining & Energy Union (No 2) [2009] FCA 1587 Banque Commerciale SA (en liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v King (1936) 55 CLR 499 Sharman License Holdings Ltd v Universal Music Australia Pty Ltd [2005] FCA 702
Date of hearing: 9 March 2010
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