Bronze Hospitality Pty Ltd v Hansson [2019] FCA 1236

Bronze Hospitality Pty Ltd v Hansson [2019] FCA 1236

The possibility of a relevant Full Bench decision does not justify vacating the judicial review hearing when prejudice to the applicant is of the applicant's own making and there is sufficient time for both parties to prepare. Efficient use of court resources, proportionality, and minimising further prejudice or delay to the respondent also support refusal of adjournment. Application for vacation of hearing is dismissed.

Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Judicial Review / Interlocutory Application for Vacation of Hearing Date
Outcome
Application for vacation of hearing dismissed; programming orders varied.
Legal Topics
['practice and Procedure' 'judicial Review' 'unfair Dismissal' 'adjournment of Hearing']
['employment Law'] ['practice and Procedure' 'judicial Review' 'unfair Dismissal' 'adjournment of Hearing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review / Interlocutory Application for Vacation of Hearing Date

Legal Issues

  1. 1 ['Whether the hearing of the judicial review application should be vacated pending the outcome of a Full Bench decision in the Fair Work Commission related appeal']

Ratio Decidendi

The possibility of a relevant Full Bench decision does not justify vacating the judicial review hearing when prejudice to the applicant is of the applicant's own making and there is sufficient time for both parties to prepare. Efficient use of court resources, proportionality, and minimising further prejudice or delay to the respondent also support refusal of adjournment. Application for vacation of hearing is dismissed.

Court Disposition

Application for vacation of hearing dismissed; programming orders varied.

Orders

  • ['The interlocutory application filed by the applicant on 26 July 2019 is dismissed.' 'The date in paragraph 3 of orders dated 30 May 2019 for the applicant to file and serve an outline of written submissions, of no more than 10 pages in length, is amended to 15 August 2019.' 'The date in paragraph 4 of orders dated...