Ittyerah v Coles Supermarkets (Australia) Pty Ltd [2020] FCA 1497

Ittyerah v Coles Supermarkets (Australia) Pty Ltd [2020] FCA 1497

No utility in granting the interlocutory injunction sought as the respondent had already retained all relevant materials in its control and provided assurance to the Court; there was no established risk of destruction of evidence, and the balance of convenience favoured refusing the relief.

Parties
Applicant: George Ittyerah; First Respondent: Coles Supermarkets (Australia) Pty Ltd; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
16 October 2020
Procedural Posture
Judicial Review Application and Interlocutory Injunction / Interlocutory Application Determined on the Papers
Outcome
Application for interlocutory relief dismissed
Legal Topics
Interlocutory Injunction, Retention of Evidence, Judicial Review, Unfair Dismissal, Extension of Time, Admissibility of Evidence
Employment and Industrial Relations Practice and Procedure Interlocutory Injunction Retention of Evidence Judicial Review Unfair Dismissal Extension of Time Admissibility of Evidence

Case Brief

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Parties

George Ittyerah

Applicant

Coles Supermarkets (Australia) Pty Ltd

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Judicial Review Application and Interlocutory Injunction / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted requiring the respondent to retain categories of evidence
  2. 2 Whether there was any utility to the orders sought given respondent's assurance of retention
  3. 3 Admissibility and weight of affidavit evidence in interlocutory application

Ratio Decidendi

No utility in granting the interlocutory injunction sought as the respondent had already retained all relevant materials in its control and provided assurance to the Court; there was no established risk of destruction of evidence, and the balance of convenience favoured refusing the relief.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • The applicant's application for interlocutory relief is dismissed.