Pet Porpoise Pools Pty Limited v Dunstan [2001] NSWIRComm 167

Pet Porpoise Pools Pty Limited v Dunstan [2001] NSWIRComm 167

Leave to appeal was refused because the appellant did not demonstrate that the statutory criteria in s 188 of the Industrial Relations Act 1996 were satisfied or that leave should otherwise be granted; the Commissioner's findings most pertinent to the relief granted were open to her, and the issues of principle raised were not presented in a way appropriate for consideration or reconsideration.

Jurisdiction
Australia
Judgment Date
17 July 2001
Procedural Posture
Unfair Dismissal / Application for Leave to Appeal and Appeal to Full Bench
Outcome
Leave to appeal declined; appeal dismissed.
Legal Topics
['unfair Dismissal' 'leave to Appeal' 'appeal']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'leave to Appeal' 'appeal']

Case Brief

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Procedural Posture

Unfair Dismissal / Application for Leave to Appeal and Appeal to Full Bench

Legal Issues

  1. 1 ['Whether the appellant demonstrated that the statutory criteria in s 188 of the Industrial Relations Act 1996 for the grant of leave to appeal were satisfied.' "Whether the Commissioner's findings pertinent to the relief granted were open to her." 'Whether the proceedings raised issues of principle appropriate for consideration or reconsideration.']

Ratio Decidendi

Leave to appeal was refused because the appellant did not demonstrate that the statutory criteria in s 188 of the Industrial Relations Act 1996 were satisfied or that leave should otherwise be granted; the Commissioner's findings most pertinent to the relief granted were open to her, and the issues of principle raised were not presented in a way appropriate for consideration or reconsideration.

Court Disposition

Leave to appeal declined; appeal dismissed.

Orders

  • ['Leave to appeal declined.' 'Appeal dismissed.' 'The stay of the order made on 22 May 2001 is lifted.' 'The Registrar is directed to pay as soon as practicable to the respondent, Mr Benjamin Peter Dunstan, the sum of $5,000 paid into Court by the appellant.']