Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mastromanno v Temando Pty Ltd [2014] FCA 445 Citation: Mastromanno v Temando Pty Ltd [2014] FCA 445
Parties: ANDREW MASTROMANNO v TEMANDO PTY LTD (ACN 120 582 738)
File number: VID 76 of 2014
Judge: JESSUP J
Date of judgment: 30 April 2014
Catchwords: INDUSTRIAL LAW – interlocutory injunction – whether respondent be restrained from acting on notice of termination given to applicant – "stigma" of dismissal not a sufficient ground warranting an injunction – damages an adequate remedy – no injunction granted
Legislation: Fair Work Act 2009 (Cth) s 340
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57
Date of hearing: 30 April 2014 Date of publication of reasons: 7 May 2014
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: J McDougall
Solicitor for the Applicant: Peter Hull & Associates
Counsel for the Respondent: I Latham
Solicitor for the Respondent: BMM Law
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 76 of 2014
BETWEEN: ANDREW MASTROMANNO
Applicant
AND: TEMANDO PTY LTD (ACN 120 582 738)
Respondent
JUDGE: JESSUP J DATE OF ORDER: 30 APRIL 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The interlocutory application filed by applicant on 10 April 2014 be dismissed. 2. Commencing on the day upon which the Court publishes it's reasons for the previous order, the parties have leave to file and serve written submissions as to costs in accordance with the following time table; (a) the respondent within 7 days; (b) the applicant within a further 7 days; and (c) the respondent in reply, if necessary, within a further 7 days. 3. The applicant have leave to file and serve an amended originating application and amended statement of claim at or before 4:00 pm on 6 May 2014. 4. The respondent have leave to file a defence to any such amended statement of claim at or before 4:00 pm on 9 May 2014. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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