Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Paull v Linfox Australia Pty Ltd [2018] FCA 149 File number: VID 1417 of 2017
Judge: BROMBERG J
Date of judgment: 7 February 2018
Catchwords: PRACTICE AND PROCEDURE – Judiciary Act 1903 (Cth), s 39B – application for interlocutory injunction to restrain the Full Bench of the Fair Work Commission from hearing and determining an appeal prior to the proceeding being heard and determined – where the Full Bench refused request for adjournment – whether serious question to be tried – no arguable case of jurisdictional error able to be identified – where Full Bench in its reasons for refusing the adjournment had recognised efficiency in determining the appeal first – balance of convenience in favour of respondent – application dismissed
Legislation: Fair Work Act 2009 (Cth) ss 562, 739 Judiciary Act 1903 (Cth) s 39B
Cases cited: Alan Paull and Ors v Linfox Australia Pty Ltd [2017] FWC 5751 Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Limited (1986) 160 CLR 226 Craig v South Australia (1995) 184 CLR 163 Energy Australia Yallourn Pty Ltd v Automotive Food, Metals, Engineering, Printing and Kindred Industries Union [2017] FCA 1245 Kirk v Industrial Relations Commission (2010) 239 CLR 531 Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033
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