Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hossain v Restuccia [2019] FCA 777 Appeal from: Application for leave to appeal: Hossain v Restuccia [2018] FCA 1383
File number: NSD 1741 of 2018
Judge: FLICK J
Date of judgment: 30 May 2019
Catchwords: PRACTICE AND PROCEDURE – summary judgment at first instance – application for leave to appeal – decision not attendant with sufficient doubt – no injustice occasioned by absence of applicant at hearing of summary judgment application
Legislation: Fair Work Act 2009 (Cth) Federal Court Act 1976 (Cth) ss 24, 31A Federal Court Rules 2011 (Cth) r 26.01
Cases cited: Cristovao v Tan & Tan Lawyers Pty Ltd [2017] FCA 1201 Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 Giddings v Australian Information Commissioner [2017] FCAFC 225 Hossain v Restuccia [2018] FCA 1383 Rawson Finances Pty Ltd v Federal Commissioner of Taxation [2016] FCAFC 95, (2016) 103 ATR 630 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156, (2011) 217 FCR 238 Tyne v UBS AG [2016] FCA 241, (2016) 338 ALR 624
Date of hearing: 20 February 2019
Date of last submissions: 30 April 2019
Registry: New South Wales
Division: Fair Work Division
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