Tu v Utting [2006] NSWIRComm 330

Tu v Utting [2006] NSWIRComm 330

The appeal does not have sufficient prospect of success or likelihood of leave being granted, given that the Chief Industrial Magistrate's factual findings regarding bailment arrangements and annual leave entitlement were reasonably open on the evidence; the application to reinstate the appeal is refused as not necessary to do justice or ensure proper administration.

Jurisdiction
Australia
Judgment Date
24 November 2006
Procedural Posture
Appeal / Application to Reinstate Appeal
Outcome
application to reinstate appeal refused
Legal Topics
['annual Leave Entitlements' 'recovery of Monies' 'small Claims Procedure' 'leave to Appeal']
['industrial Law'] ['annual Leave Entitlements' 'recovery of Monies' 'small Claims Procedure' 'leave to Appeal']

Case Brief

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Procedural Posture

Appeal / Application to Reinstate Appeal

Legal Issues

  1. 1 ['In what circumstances is annual leave payable under the Taxi Industry (Contract Drivers) Contract Determination, Consolidated Award 1984?' "Interpretation of 'one bailor' in Clause 19 for annual leave eligibility." 'Applicability of employment-like principles in bailment situation for annual leave.' 'Bailee entitlement under the Annual Holidays Act 1944 (NSW).']

Ratio Decidendi

The appeal does not have sufficient prospect of success or likelihood of leave being granted, given that the Chief Industrial Magistrate's factual findings regarding bailment arrangements and annual leave entitlement were reasonably open on the evidence; the application to reinstate the appeal is refused as not necessary to do justice or ensure proper administration.

Court Disposition

application to reinstate appeal refused

Orders

  • ['Appellant’s application to reinstate the appeal is refused.' 'Costs awarded to respondent; assessed in default of agreement.']