Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v White [2010] FCA 1077 Citation: Construction, Forestry, Mining and Energy Union v White [2010] FCA 1077
Appeal from: Application for leave to appeal: White v Construction, Forestry, Mining and Energy Union [2010] FCA 835
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, RALPH EDWARDS, ROBERT GRAAUWMANS, MAURIE HILL, STEPHEN LONG, BRENDAN MURPHY, MICHAEL POWELL, SHAUN REARDON, GARETH STEPHENSON and ALEX TADIC v MICHELLE WHITE
File number: VID 690 of 2010
Judge: GRAY J
Date of judgment: 15 September 2010
Catchwords: APPEAL – leave – interlocutory judgment – dismissal of application to strike out paragraphs of statement of claim – application for imposition of statutory penalties – invocation of principle against double jeopardy – whether sufficient doubt about the correctness of the interlocutory judgment to warrant reconsideration – primary judge merely deferred questions of double jeopardy until trial – whether substantial injustice if the interlocutory judgment were wrong and leave to appeal were to be refused – right of appeal would exist if wrong finding of contravention in respect of two provisions based on same conduct
Legislation: Building and Construction Industry Improvement Act 2005 (Cth) ss 38, 43(1)(a), 43(1)(c) Federal Court of Australia Act 1976 (Cth) s 24(1A)
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 followed White v Construction, Forestry , Mining and Energy Union [2010] FCA 835 referred to
Date of hearing: 15 September 2010
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