Federal Court of Australia
Federal Court of Australia
Ogbonna v Link Workforce Pty Ltd [2024] FCA 119 Appeal from: Application for leave to appeal: Ogbonna v Link Workforce Pty Ltd [2023] FCA 633
File number: WAD 159 of 2023
Judgment of: DERRINGTON J
Date of judgment: 22 February 2024
Catchwords: PRACTICE AND PROCEDURE – leave to appeal – primary judge rejected application for judgment on admissions – whether respondent failed to respond to notice to admit – where notice of dispute substantially denied the facts and documents referred to in both notices to admit – application for leave to appeal refused
Legislation: Bankruptcy Act 1966 (Cth) Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ogbonna v Link Workforce Pty Ltd [2023] FCA 633
Division: Fair Work Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 41
Date of hearing: 19 February 2024
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: The Respondent filed a submitting notice
ORDERS WAD 159 of 2023
BETWEEN: CELESTINE OGBONNA Applicant
AND: LINK WORKFORCE PTY LTD Respondent
order made by: DERRINGTON J DATE OF ORDER: 22 February 2024
THE COURT ORDERS THAT:
1. The application for leave to appeal is dismissed. 2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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