Martires v Endura Paint Pty Ltd (No 2) [2021] FCA 179

Martires v Endura Paint Pty Ltd (No 2) [2021] FCA 179

The application for judicial review was dismissed because Mr Martires had pursued and succeeded in an appeal that provided a more convenient and satisfactory remedy for correcting appealable error, so the judicial review application was pointless and an unnecessary multiplication of proceedings. Certiorari also had nothing to operate on because the Federal Circuit Court decision had already been set aside, mandamus was unnecessary after remittal, and merits review was not available in the judicial review application.

Jurisdiction
Australia
Judgment Date
09 March 2021
Procedural Posture
Application for Judicial Review of a Decision of the Federal Circuit Court of Australia / Application Dismissed
Outcome
The application is dismissed.
Legal Topics
['judicial Review' 'constitutional Writs' 'certiorari' 'mandamus' 'appeal From Federal Circuit Court' 'fair Work Act Proceedings' 'costs']
['administrative Law' 'employment and Industrial Relations'] ['judicial Review' 'constitutional Writs' 'certiorari' 'mandamus' 'appeal From Federal Circuit Court' 'fair Work Act Proceedings' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Judicial Review of a Decision of the Federal Circuit Court of Australia / Application Dismissed

Legal Issues

  1. 1 ['Whether the court should grant certiorari or mandamus in respect of the Federal Circuit Court decision when an appeal from the same decision had already succeeded.' 'Whether judicial review was an impermissible or pointless alternative to an available appeal.' 'Whether certiorari could operate after the Federal Circuit Court decision had been set aside on appeal.' 'Whether the court could substitute its own merits decision in an application for judicial review.']

Ratio Decidendi

The application for judicial review was dismissed because Mr Martires had pursued and succeeded in an appeal that provided a more convenient and satisfactory remedy for correcting appealable error, so the judicial review application was pointless and an unnecessary multiplication of proceedings. Certiorari also had nothing to operate on because the Federal Circuit Court decision had already been set aside, mandamus was unnecessary after remittal, and merits review was not available in the judicial review application.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.' 'The first respondent must file and serve any written submission on the costs of the application on or before 16 March 2021, such submission not to exceed three pages in length.' 'The applicant must file and serve any written submission on the costs of the application on or before 23...