Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Visscher v Teekay Shipping (Australia) Pty Limited [2012] FCA 299 Citation: Visscher v Teekay Shipping (Australia) Pty Limited [2012] FCA 299
Parties: TIMOTHY VISSCHER v TEEKAY SHIPPING (AUSTRALIA) PTY LTD
File number: NSD 2240 of 2010
Judge: COWDROY J
Date of judgment: 27 March 2012
Catchwords: PRACTICE AND PROCEDURE – proceedings instituted by seaman claiming unpaid wages under s 72 Navigation Act 1912 (Cth) – proceedings struck out pursuant to s 31A Federal Court of Australia Act 1976 (Cth) – leave granted to appeal as to part of primary judge's decision – appeal upheld – Full Court invites appeal on other issues addressed by primary judge – no substantive hearing yet held – evidence incomplete on critical issues – futility of appeal – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24; 31A Navigation Act 1912 (Cth) s 72
Cases cited: Hunter Valley Development Pty Ltd v Cohen (1984) 3 FCR 344 Palace Shipping Company Pty Ltd v Caine [1907] AC 386 Singh v Super City Home Loans Pty Ltd [2012] FCA 83 Sun Life Assurance Co of Canada v Jervis [1944] AC 111 Visscher v Teekay Shipping (Australia) Pty Ltd [2011] FCA 1 Visscher v Teekay Shipping (Australia) Pty Ltd [2011] FCAFC 137 Visscher v Teekay Shipping (Australia) Pty Ltd )(No 3) [2012] FCA 212
Date of hearing: 22 March 2012
Date of last submissions: 22 March 2012
Place: Sydney
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