United Group Resources Pty Ltd v Calabro (No 6) [2012] FCA 431

United Group Resources Pty Ltd v Calabro (No 6) [2012] FCA 431

The Court may amend or set aside aspects of final orders where new evidence comes to light demonstrating that a respondent did not engage in unlawful industrial action on certain days as previously found, provided the interests of justice require it and no injustice is done to other parties. Leave to discontinue proceedings against a respondent who died post-judgment is appropriate under O 22 r 2(1)(d), as no injustice would occur to the deceased respondent's estate.

Jurisdiction
Australia
Judgment Date
02 May 2012
Procedural Posture
Application to Amend Final Orders After Judgment; Discontinuance Application / Post Judgment, Final Orders Amendment
Outcome
Amendment/set aside of parts of previous orders relating to specified respondents; leave granted to discontinue against deceased respondent.
Legal Topics
['amendment of Final Orders' 'slip Rule' 'leave to Discontinue' 'unlawful Industrial Action' 'remedy/penalty Hearings']
['industrial Law' 'practice and Procedure'] ['amendment of Final Orders' 'slip Rule' 'leave to Discontinue' 'unlawful Industrial Action' 'remedy/penalty Hearings']

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Procedural Posture

Application to Amend Final Orders After Judgment; Discontinuance Application / Post Judgment, Final Orders Amendment

Legal Issues

  1. 1 ['Whether the Court should grant leave to discontinue proceedings against a deceased respondent' 'Whether final orders should be amended or set aside based on new evidence or error' 'Application of the slip rule (O 35 r 7) to vary orders to prevent injustice']

Ratio Decidendi

The Court may amend or set aside aspects of final orders where new evidence comes to light demonstrating that a respondent did not engage in unlawful industrial action on certain days as previously found, provided the interests of justice require it and no injustice is done to other parties. Leave to discontinue proceedings against a respondent who died post-judgment is appropriate under O 22 r 2(1)(d), as no injustice would occur to the deceased respondent's estate.

Court Disposition

Amendment/set aside of parts of previous orders relating to specified respondents; leave granted to discontinue against deceased respondent.

Orders

  • ['Applicants granted leave to discontinue the proceeding against respondent 254.' 'Orders of 30 September 2011 set aside in relation to respondent 1215 as to industrial action and contraventions found for 27, 28, and 29 January 2010.' 'Orders of 30 September 2011 set aside in relation to respondent 404 for 25 and 30...