Maleknia v University of Sydney [2016] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Maleknia v University of Sydney [2016] NSWCA 108 Hearing dates: 2 May 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Before: Barrett AJA Decision: (1) I order that the proceedings instituted by Dr Maleknia in the Court of Appeal be dismissed. (2) I order that Dr Maleknia pay the costs of the University of Sydney of the appeal and of the notice of motion determined today. (3) I note that there is an application outstanding for a lump sum costs order. That matter is remitted to the Registrar's list on 9 May 2016 so that it may then be dealt with as appropriate. Catchwords: PROCEDURE – dismissal without hearing – proceedings in Court of Appeal in respect of decision of Fair Work Commission – no jurisdiction in Court of appeal – dismissal ordered Legislation Cited: Fair Work Act 2009 (Cth) Category: Procedural and other rulings Parties: University of Sydney (Applicant) Simin Maleknia (Respondent) Representation: Counsel: Ms J Wright (Applicant) No appearance of Respondent

Solicitors: University of Sydney, Office of General Counsel (Applicant) Respondent (Self-represented) File Number(s): CA 2015/361705 Decision under appeal Court or tribunal: Fair Work Commission Citation: Dr Simin Maleknia v University of Sydney [2015] FWC 5304 Date of Decision: 8 September 2015 Before: SDP Drake File Number(s): U2014/5331 and C2014/7228