Federal Court of Australia
Federal Court of Australia
Tamu v World Vision Australia [2021] FCA 333 Appeal from: Tamu v World Vision Australia [2020] FCCA 3465
File numbers: QUD 372 of 2020 QUD 35 of 2021
Judgment of: RANGIAH J
Date of judgment: 9 April 2021
Catchwords: INDUSTRIAL LAW – application for leave to appeal against judgment striking out Form 2 application where applicant granted leave to replead – further application for leave to appeal against interlocutory orders – no substantial injustice – no reasonable prospects of success - leave refused
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) r 39.04
Cases cited: Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2017] FCAFC 50
Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 13
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr M McKechnie
Solicitor for the Respondent: Kingston Reid
ORDERS QUD 372 of 2020
QUD 35 of 2021
BETWEEN: LUKE TAMU Applicant
AND: WORLD VISON AUSTRALIA Respondent
order made by: RANGIAH J DATE OF ORDER: 9 APRIL 2021
THE COURT ORDERS THAT:
1. The applicant's application for leave to appeal filed on 3 December 2020 in proceeding QUD 372 of 2020 be dismissed. 2. The applicant's application for leave to appeal filed on 12 February 2021 in proceeding QUD 35 of 2021 be dismissed. 3. The applicant's interlocutory application filed on 21 December 2020 in proceeding QUD 372 of 2020 be dismissed. 4. The applicant's interlocutory application filed on 11 January 2021 in proceeding QUD 372 of 2020 be dismissed. 5. The respondent file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 16 April 2021. 6. The applicant file and serve any submissions as to costs (not exceeding five pages) by 4.30 pm on 23 April 2021. 7. The respondent file and serve any submissions as to costs in reply (not exceeding one page) by 4.30 pm on 28 April 2021. 8. Any issue of costs will be decided on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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