Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Compass Group (Australia) Pty Ltd v Sales [2012] FCA 1406 Citation: Compass Group (Australia) Pty Ltd v Sales [2012] FCA 1406
Appeal from: Sales v Compass Group (Industrial Relations Court of South Australia, Industrial Magistrate Lieschke, 7 June 2012)
Parties: COMPASS GROUP (AUSTRALIA) PTY LTD v MEEGAN SALES
File number: SAD 147 of 2012
Judge: COWDROY J
Date of judgment: 13 December 2012
Catchwords: PRACTICE AND PROCEDURE – appeal from Industrial Relations Court of South Australia – appeal allowed by consent – appellant seeks repayment of monies paid by it under first instance judgment – repayment is a right – repayment occurs even if appeal judgment does not finalise matter
Legislation: Constitution of Australia s 109 Fair Work (Transitional Provisions and Consequential Amendment) Act 2009 (Cth) cl 5 Sch 4 Fair Work Act 2009 (Cth) s 26 Fair Work Act 1994 (SA) s 72B Federal Court Act 1976 (Cth) s 23 Workplace Relations Act 1996 (Cth) s 16
Cases cited: Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Production Spray Painting & Panel Beating Pty Ltd v Newnham (No 2) (1992) 27 NSWLR 659 South Australian Minimum Standard for Severance Payments Case 2006 [2006] SAIRComm 25 TCN Channel 9 v Antoniadis (No 2) (1999) 48 NSWLR 381 Woolworths Ltd v Strong (No 2) (2011) 80 NSWLR 445
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