G & K O'Connor Pty Ltd v Australasian Meat Industry Employees Union [2001] FCA 990

G & K O'Connor Pty Ltd v Australasian Meat Industry Employees Union [2001] FCA 990

The appeal against the 12 December 2000 interlocutory orders was moot because those orders had been replaced on 12 February 2001, and revocation of leave would not prejudice G & K O'Connor Pty Ltd. Leave to appeal from the 12 February 2001 orders was refused because Marshall J's reasoning on the serious question to be tried was not shown to be attended with sufficient doubt to warrant Full Court review, and in any event the orders caused no apparent prejudice, an appeal would delay or distract from preparation for final hearing, and a related reserved judgment might resolve at least one fundamental issue.

Jurisdiction
Australia
Judgment Date
08 May 2001
Procedural Posture
Appeal and Application for Leave to Appeal From Interlocutory Orders of a Single Judge of the Federal Court of Australia / Full Court Determination of Leave to Appeal
Outcome
Leave to appeal revoked in V75 of 2001; leave to appeal refused in V833.
Legal Topics
['australian Workplace Agreements' 'interlocutory Relief' 'leave to Appeal' 'workplace Relations Act 1996 S 170 Wg(1)' 'mootness']
['employment Law' 'industrial Relations' 'civil Procedure'] ['australian Workplace Agreements' 'interlocutory Relief' 'leave to Appeal' 'workplace Relations Act 1996 S 170 Wg(1)' 'mootness']

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Procedural Posture

Appeal and Application for Leave to Appeal From Interlocutory Orders of a Single Judge of the Federal Court of Australia / Full Court Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether the appeal against the 12 December 2000 interlocutory orders had become moot after Marshall J substituted different interlocutory orders on 12 February 2001.' "Whether Marshall J's judgment concerning interlocutory relief was attended with sufficient doubt to warrant reconsideration by a Full Court." 'Whether withdrawal of offers to enter into Australian Workplace Agreements deprived the Court of any jurisdictional basis for granting or maintaining interlocutory relief.' 'Whether leave to appeal should be refused because the interlocutory orders caused little prejudice, an appeal would distract from trial preparation, and a related reserved judgment might resolve a fundamental issue.']

Ratio Decidendi

The appeal against the 12 December 2000 interlocutory orders was moot because those orders had been replaced on 12 February 2001, and revocation of leave would not prejudice G & K O'Connor Pty Ltd. Leave to appeal from the 12 February 2001 orders was refused because Marshall J's reasoning on the serious question to be tried was not shown to be attended with sufficient doubt to warrant Full Court review, and in any event the orders caused no apparent prejudice, an appeal would delay or distract from preparation for final hearing, and a related reserved judgment might resolve at least one fundamental issue.

Court Disposition

Leave to appeal revoked in V75 of 2001; leave to appeal refused in V833.

Orders

  • ['Leave to appeal be revoked.' 'Leave to appeal be refused.']