Newton v Australian Postal Corporation [2018] FCA 2007

Given the close relationship and factual overlap between the allegations against all respondents, entertaining a no case submission by only some respondents risks injustice and inconsistent findings; thus, the Court declines to permit the no case submissions by the Union and Mr Metcher.

Jurisdiction: Australia
Judgment Date: 07 December 2018
Procedural Posture: Trial / Ruling on No Case to Answer Submission After Close of Applicant’s Case
Outcome: No case submission by the Union and Mr Metcher not entertained.
Legal Topics: ['fair Work Act 2009 (cth)' 'coercion' 'no Case to Answer Submission' 'case Management Discretion']

['employment Law' 'industrial Relations' 'civil Procedure'] ['fair Work Act 2009 (cth)' 'coercion' 'no Case to Answer Submission' 'case Management Discretion']

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Procedural Posture

Trial / Ruling on No Case to Answer Submission After Close of Applicant’s Case

Legal Issues

1 ['Whether respondents who have tendered a documentary exhibit can submit no case to answer' 'Whether, in the interests of justice and case management, the Court should permit only some respondents to make a no case submission in multi-respondent litigation']

Ratio Decidendi

Court Disposition

No case submission by the Union and Mr Metcher not entertained.

Orders

['The Court will not entertain the no case submission brought by the Union and Mr Metcher.']