Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Zhao v TTS & Associates Pty Ltd [2020] FCA 922 File number(s): VID 252 of 2020
Judge(s): SNADEN J
Date of judgment: 3 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal a decision of the Federal Circuit Court of Australia ("FCCA") – appeal from an interlocutory judgment refusing reinstatement of a case dismissed for want of appearance – whether leave ought to be granted – whether the FCCA mistook facts – whether discretion miscarried – whether consequent delay is prejudicial to the respondent – whether grant of leave is required to avoid substantial injustice – leave to appeal refused
Legislation: Fair Work Act 2009 (Cth) – pt 3-1; ss 341, 368, 369, 370 and 570 Federal Circuit Court Rules 2001 (Cth) – r 16.05 Federal Court Rules 2011 (Cth) – r 35.12
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v R (1936) 55 CLR 499 Iannuzzi v Federal Commissioner of Taxation (2019) 268 FCR 349 Zhao v TSS & Associates Pty Ltd [2020] FCCA 595 Date of hearing: 25 June 2020
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 42
Counsel for the Applicant: The Applicant appeared in person (with the assistance of a McKenzie friend)
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