Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop [2018] FCA 1741

Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop [2018] FCA 1741

The applicant established a prima facie case for relief under the Fair Work Act 2009 (Cth) based on underpayment of wages and contractual breach, justifying leave to serve the second respondent in Pakistan via registered post in accordance with Article 10(a) of the Hague Convention. The Court has jurisdiction, and the proposed method of service is appropriate and permitted.

Parties
Applicant: Jameel Ahmed; First Respondent: Al-Hussain Pty Ltd t/as The Cheesecake Shop; Second Respondent: Zahid Hussain; Third Respondent: Saqib Khayyam Azam Bhatti
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Application / Interlocutory Orders Regarding Service and Substitution of Parties
Outcome
Leave to serve granted, substitution of second respondent ordered; further procedural orders for filing of defence and case management.
Legal Topics
Service Outside Jurisdiction, Underpayment of Wages, Fair Work Act Civil Remedy Provisions, Contractual Breach, Jurisdiction, Sponsorship Arrangements
Employment Law Industrial Relations Service Outside Jurisdiction Underpayment of Wages Fair Work Act Civil Remedy Provisions Contractual Breach Jurisdiction Sponsorship Arrangements

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Parties

Jameel Ahmed

Applicant

Al-Hussain Pty Ltd t/as The Cheesecake Shop

First Respondent

Zahid Hussain

Second Respondent

Saqib Khayyam Azam Bhatti

Third Respondent

Procedural Posture

Application / Interlocutory Orders Regarding Service and Substitution of Parties

Legal Issues

  1. 1 Whether there is a prima facie case for relief under Fair Work Act 2009 (Cth) for underpayment of wages
  2. 2 Whether leave should be granted to serve the second respondent outside Australia under Federal Court Rules 2011 and Hague Convention
  3. 3 Whether the Court has jurisdiction

Ratio Decidendi

The applicant established a prima facie case for relief under the Fair Work Act 2009 (Cth) based on underpayment of wages and contractual breach, justifying leave to serve the second respondent in Pakistan via registered post in accordance with Article 10(a) of the Hague Convention. The Court has jurisdiction, and the proposed method of service is appropriate and permitted.

Court Disposition

Leave to serve granted, substitution of second respondent ordered; further procedural orders for filing of defence and case management.

Orders

  • Zahid Hussain substituted for Sughra Zahid as second respondent from filing of amended originating application.
  • Applicant has leave to serve amended originating application, further amended statement of claim and orders on Zahid Hussain in Pakistan in accordance with Article 10(a) of the Hague Convention, via international registered post to specified addresses.