Muthu v Radeshar Pty Ltd [2022] FCA 1157

Federal Court of Australia

Muthu v Radeshar Pty Ltd [2022] FCA 1157 Appeal from: Muthu v Radeshar Pty Ltd [2020] FCCA 2158

File number: NSD 1121 of 2020

Judgment of: KATZMANN J

Date of judgment: 4 October 2022

Catchwords: INDUSTRIAL LAW – claim made in Federal Circuit Court for unpaid wages in breach of an oral employment contract – where respondent denied the existence of any contract or commercial arrangement, whether the primary judge erred in concluding that the appellant was not employed by the respondent – where appellant had raised an alternative claim for payment on a quantum meruit basis, whether the primary judge erred in dismissing that claim on the basis that there was no employment relationship FEDERAL JURISDICTION – where originating application identified federal legislation as source of jurisdiction, the pleading referred to awards, and the substance of the appellant's claim involved a breach of the duty imposed by s 323 of the Fair Work Act 2009 (Cth) (FW Act) but no contravention of s 323 had been pleaded, whether primary judge erred in finding that federal jurisdiction was not engage EVIDENCE – where appellant had attached statutory declarations to one of his affidavits and tendered them, whether primary judge erred in rejecting the tender of one of them solely on the basis that the evidence was not in affidavit form COSTS – where a court may only award costs in a matter arising under the FW Act, whether primary judge erred in making a costs order against the appellant

Legislation: Constitution s 51(xx) Fair Work Act 2009 (Cth) ss 12, 13, 14, 30B, 30C, 45, 322, 323, 324, 566, 570 Federal Circuit Court of Australia Act 1999 (Cth) ss 3, 42, 64, 66 Acts Interpretation Act 1901 (Cth) s 15C Industrial Relations (Commonwealth Powers) Act 2009 (NSW)