Walker v Southcott Pty Ltd [2022] FCA 864

Federal Court of Australia

Walker v Southcott Pty Ltd [2022] FCA 864 File number: SAD 54 of 2021

Judgment of: BESANKO J

Date of judgment: 27 July 2022

Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by applicant for leave to file amended pleading — where in Originating application, applicant brought claims under Fair Work Act 2009 (Cth) (FW Act) in relation to his standing down and dismissal by respondent and claims for breach of contract — where respondent issued Interlocutory application seeking summary judgment in its favour — where in response, applicant seeks leave to amend on basis that amendments deal with respondent's complaints — where respondent opposes application on basis that grant of leave would be futile in that matters raised in proposed amended pleading liable to be summarily dismissed and applicant has proffered no reasonable explanation for delay in bringing application — whether applicant has no reasonable prospects of successfully prosecuting claim that respondent has contravened s 351 of FW Act on basis that there is no causative link between physical or mental disability alleged by applicant and stand-down and dismissal — whether applicant has no reasonable prospects of successfully prosecuting claim under s 351 of FW Act on basis that in relation to stand-down, no plea of "comparator" — whether applicant has no reasonable prospects of successfully prosecuting claim under s 351 of FW Act on basis that respondent not aware of alleged physical or mental disability at time of stand-down and dismissal — whether applicant has no reasonable prospects of successfully prosecuting claim for breach of contract on basis that term(s) of employment contract respondent alleged to have breached not identified — whether applicant has no reasonable prospects of successfully prosecuting breach of contract claim on basis that insofar as term(s) relied on can be inferred, respondent cannot be said to have breached them — whether applicant has proffered reasonable explanation for delay in bringing application for leave to amend — application granted