Federal Court of Australia
Federal Court of Australia
Grunsell v Ceerose Pty Ltd [2022] FCA 1130 Appeal from: Simon Grunsell v Ceerose Pty Ltd & Ors [2021] FCCA 1209
File number(s): NSD 784 of 2021
Judgment of: ABRAHAM J
Date of judgment: 27 September 2022
Catchwords: APPEAL AND NEW TRIAL - application for extension of time and leave to appeal from a decision of the Federal Circuit Court of Australia – where the Federal Circuit Court of Australia dismissed the application alleging contraventions of ss 44(1) and 119 of the Fair Work Act 2009 (Cth) – where provision of written reasons by primary judge was delayed – where applicant, inter alia, challenged the primary judge's credit findings – where primary judge made inconsistent findings regarding whether applicant should bear consequences of supposed inconsistencies and drafting deficiencies – where flawed findings infected consideration of issues – application for extension of time granted – appeal allowed
Legislation: Fair Work Act 2009 (Cth) ss 119, 44(1), 570 Federal Court Rules 2011 (Cth) r 36.05
Cases cited: 1 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; (2018) 261 FCR 301 2 Boensch v Pasco [2019] HCA 49; (2019) 268 CLR 593 Concrete Pty Ltd v Parramatta Design & Development Pty Ltd [2006] HCA 55; (2006) CLR 577 EVA17 v Minister for Immigration and Border Protection [2018] FCAFC 214; (2018) 262 FCR 304 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Grunsell v Ceerose [2021] FCCA 1209 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Jorgensen v Fair Work Ombudsman [2019] FCAFC 113; (2019) 271 FCR 461 Kumar v Bathini [2015] FCA 632 Parker v The Queen [2002] FCAFC 133 Robinson Helicopter Co Inc v McDermott [2016] HCA 22 (2016) 90 ALJR 679
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