Federal Court of Australia
Federal Court of Australia
Ittyerah v Coles Supermarkets (Australia) Pty Ltd [2020] FCA 1497 File number: NSD 212 of 2020
Judgment of: ABRAHAM J
Date of judgment: 16 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction for the retention of evidence – where application for judicial review of the decision of the Fair Work Commission – whether any utility to the orders sought
Legislation: Evidence Act 1995 (Cth) ss 75, 135, 136(b) Fair Work Act 2009 (Cth) ss 394(2)(a), 394(3) Federal Court Rules 2011 (Cth) r 7.43
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Mwango v Fair Work Commission [2019] FCA 1274
Division: Fair Work
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 21
Date of last submissions: 1 September 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: The applicant appeared for himself
Solicitor for the First Respondent: Mr W Spargo of Lander & Rogers
Counsel for the Second Respondent: The Second Respondent filed a submitting notice save as to costs
ORDERS NSD 212 of 2020
BETWEEN: GEORGE ITTYERAH Applicant
AND: COLES SUPERMARKETS (AUSTRALIA) PTY LTD First Respondent
FAIR WORK COMMISSION Second Respondent
order made by: ABRAHAM J DATE OF ORDER: 16 october 2020
THE COURT ORDERS THAT:
1. The applicant's application for interlocutory relief is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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