Ramsey Food Processing Pty Ltd v Tomlinson [2014] NSWCA 237

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ramsey Food Processing Pty Ltd v Tomlinson [2014] NSWCA 237 Hearing dates: 22/05/2014 Decision date: 21 July 2014 Before: Meagher JA at [1]; Ward JA at [22]; Emmett JA at [23] Decision: 1 To the extent necessary, leave be granted to appeal from the order made on 13 May 2013 that paragraph 8 of the defence filed by the appellant be set aside. 2 The appeal be allowed. 3 The orders made by the District Court on 13 May 2013 be set aside and, in lieu of those orders, there be substituted verdict and judgment for the defendant and an order that the plaintiff pay the defendant's costs. 4 The respondent pay the appellant's costs of this appeal. 5 The respondent, if otherwise qualified, be granted a certificate under the Suitors' Fund Act 1951 (NSW). [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ESTOPPEL - former adjudication - issue estoppel - matters necessary to the decision - identity of parties - whether the Fair Work Ombudsman was the privy of the respondent employee in earlier proceedings - whether the issue of the respondent's employment by the appellant had been decided in the earlier proceedings