Federal Court of Australia
Federal Court of Australia
Gambaro v Mobycom Mobile Pty Ltd [2021] FCA 211 Appeal from: Application for extension of time and leave to appeal: Gambaro v Mobycom Mobile Pty Ltd & Ors [2020] FCCA 121
File number: QUD 41 of 2020
Judgment of: LOGAN J
Date of judgment: 12 March 2021
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where appeal is against interlocutory orders – whether applicant had sufficient prospects of success – where applicant is self-represented – whether error in delivery of judgments ex-tempore – whether error in refusal to join additional respondent to proceedings – application dismissed EMPLOYMENT LAW – whether third party can be payment to an employee discharge the employer's obligation to pay wages owed to the employee – where no controversy between payer and employer
Legislation: Fair Work Act 2009 (Cth) ss 55, 323, 324, 550, 570 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 35.13
Cases cited: Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated (1981) 148 CLR 170 Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) 382 ALR 246 Fair Work Ombudsman v Devine Marine Group Pty Ltd [2014] FCA 1365 Fair Work Ombudsman v Hu [2019) FCAFC 133 Gambaro v Mobycom Mobile Pty Ltd & Ors [2020] FCCA 121 Gambaro v TShopBiz Pty Ltd & Ors (No 2) [2020] FCCA 1098 Gambaro v TShopBiz Pty Ltd & Ors [2020] FCCA 122 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 In re the Will of FB Gilbert (deceased) (1946) 46 SR (NSW) 318 Johnston v Arnaboldi [1990] 2 Qd R 138 Mimebourne Pty Ltd as Trustee for the Fountain Family Trust v Gambaro [2018] FCA 1619 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v AAM17 [2021] HCA 6 Nobarani v Mariconte (2018) 265 CLR 236 Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 Owen v Tate [1976] QB 402 Rajski v Scitec Corporation Pty Ltd (unreported, New South Wales Court of Appeal, Kirby P, Samuels and Mahoney JJA, 16 June 1986) Sabapathy v Jetstar Airways [2021] FCAFC 25 Sharman License Holdings Ltd v Universal Music Australia Pty Ltd [2005] FCA 802 Southway Group Ltd v Wolff (1991) 57 BLR 33
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate