Nield v Mathieson [2014] FCA 29

Nield v Mathieson [2014] FCA 29

Leave to appeal should be granted because there are factual and legal issues warranting Full Court attention and a serious risk of substantial injustice to the applicants if leave is refused.

Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted; Stay of Original Orders Pending Appeal
Outcome
Leave to appeal granted; operation of orders stayed pending appeal; costs reserved
Legal Topics
['leave to Appeal' 'interlocutory Orders' 'employment Relationship' 'substantial Injustice']
['employment Law' 'appeal and New Trial'] ['leave to Appeal' 'interlocutory Orders' 'employment Relationship' 'substantial Injustice']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted; Stay of Original Orders Pending Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders of the Federal Circuit Court' 'Whether the orders appealed from are interlocutory or final' 'Whether there is sufficient doubt attending the judgment to warrant appeal' 'Whether serious or substantial injustice would be occasioned if leave were refused']

Ratio Decidendi

Leave to appeal should be granted because there are factual and legal issues warranting Full Court attention and a serious risk of substantial injustice to the applicants if leave is refused.

Court Disposition

Leave to appeal granted; operation of orders stayed pending appeal; costs reserved

Orders

  • ['Applicants have leave to appeal from Orders 1, 2 and 3 made by the Federal Circuit Court of Australia in proceeding MLG 650/2012 on 23 December 2013, to be filed by 4.00 pm on 4 February 2014.' 'Operation of Orders 1, 2 and 3 made on 23 December 2013 be stayed pending the hearing and determination of the appeal.'...