Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry InspectorateCitation:[2016] HCA 41Before:Nettle JDate:28 Oct 2016Case Number:A37/2016Read more
The decision to refuse leave to withdraw admissions was not vitiated by jurisdictional error and was not amenable to appeal at this stage; constitutional writs were not available as statutory rights of appeal had not been exhausted.
- Jurisdiction
- Australia
- Judgment Date
- 28 October 2016
- Procedural Posture
- Constitutional Writs / Administrative Law / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Constitutional Writs, Jurisdictional Error, Procedural Fairness, Leave to Withdraw Admissions, Appealability of Interlocutory Decisions
Case Brief
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Procedural Posture
Constitutional Writs / Administrative Law / Judgment
Legal Issues
- 1 Whether refusal to grant leave to withdraw admissions is amenable to appeal
- 2 Whether refusal to grant leave was vitiated by jurisdictional error
- 3 Whether final judgment based on admissions was vitiated by jurisdictional error
Ratio Decidendi
The decision to refuse leave to withdraw admissions was not vitiated by jurisdictional error and was not amenable to appeal at this stage; constitutional writs were not available as statutory rights of appeal had not been exhausted.
Court Disposition
Application dismissed
Orders
- Application for constitutional writs dismissed
- No order as to costs
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