Prajapati v Narshima Tradings Pty Ltd (t/a Ziggy's Cafe) [2017] FCA 1563

FEDERAL COURT OF AUSTRALIA

Prajapati v Narshima Tradings Pty Ltd (t/a Ziggy's Cafe) [2017] FCA 1563 Appeal from: Application for leave to appeal: Prajapati v Narshima Tradings Pty Ltd t/a Ziggy's Café & Anor [2016] FCCA 2798

File number: NSD 2022 of 2016

Judge: BROMWICH J

Date of judgment: 21 December 2017

Catchwords: INDUSTRIAL LAW – application for extension of time to bring application for leave to appeal – held: applicant granted extension of time on basis of candid admission of error by legal representatives, no opposition, no prejudice and only marginal lateness INDUSTRIAL LAW – application for leave to appeal summary dismissal of proceedings – whether primary judge correctly applied principles in Spencer v Commonwealth (2010) 241 CLR 118 regarding summary dismissal – whether primary judge erred by reversing onus for summary dismissal – whether primary judge erred in finding no intention to create legal relations – whether primary judge erred by failing to draw all reasonable inferences in favour of applicant on question of fact – held: no error in any of the respects relied upon – application for leave to appeal refused

Legislation: Fair Work Act 2009 (Cth) ss 44, 45, 536, 570 Federal Circuit Court of Australia Act 1999 (Cth) s 17A(2)(b) Federal Court of Australia Act 1976 (Cth) s 31A(2) Restaurant Industry Award 2010 (Cth)

Cases cited: Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; 220 FCR 256 Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd [2006] FCA 1352; 236 ALR 720 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; 209 CLR 95 Kowalski v MMAL Staff Superannuation Fund Pty Ltd [2009] FCAFC 117; 178 FCR 401 Mogilevsky v Leroy [2017[ FCAFC 52 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118