Michael Joseph Quai Hoi v Van Leer Australia Pty Ltd [1995] IRCA 412

It would be unfair to require the applicant to proceed to hearing while concurrent criminal proceedings on the same matters are still pending, so the adjournment should be granted.

Jurisdiction: Australia
Judgment Date: 18 August 1995
Procedural Posture: Industrial Law Termination of Employment / Application for Adjournment Interlocutory
Outcome: Adjournment granted
Legal Topics: ['termination of Employment' 'unlawful Termination' 'application for Adjournment' 'concurrent Criminal Proceedings']

['industrial Law'] ['termination of Employment' 'unlawful Termination' 'application for Adjournment' 'concurrent Criminal Proceedings']

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Procedural Posture

Industrial Law Termination of Employment / Application for Adjournment Interlocutory

Legal Issues

1 ['Whether an adjournment should be granted pending resolution of concurrent criminal proceedings on the same matters']

Ratio Decidendi

It would be unfair to require the applicant to proceed to hearing while concurrent criminal proceedings on the same matters are still pending, so the adjournment should be granted.

Court Disposition

Adjournment granted

Orders

['The application made in the Notice of Motion filed by the applicant on 15 August 1995 is granted.' 'The hearing of this matter is adjourned to 9 October 1995 at 10.00am before Judicial Registrar Parkinson.']