Dempster v Comrie [1999] FCA 956

Dempster v Comrie [1999] FCA 956

The Court accepted that Mr Dempster's temporary secondment expired on 30 June 1999 and had not been extended by the only person with power to approve an extension. Because the respondents undertook not to transfer Mr Dempster until 1 July 1999, there was no point in granting interlocutory relief, and the application was dismissed.

Jurisdiction
Australia
Judgment Date
22 June 1999
Procedural Posture
Application for Interlocutory Relief / Interlocutory Application and Directions Hearing
Outcome
Application for interlocutory relief dismissed; directions hearing adjourned.
Legal Topics
['interlocutory Relief' 'injunctive Relief' 'balance of Convenience' 'temporary Secondment' 'undertaking']
['employment Law' 'civil Procedure'] ['interlocutory Relief' 'injunctive Relief' 'balance of Convenience' 'temporary Secondment' 'undertaking']

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Procedural Posture

Application for Interlocutory Relief / Interlocutory Application and Directions Hearing

Legal Issues

  1. 1 ["Whether Mr Dempster's current secondment had been extended or would be extended beyond 30 June 1999." 'Whether interlocutory injunctive relief should be granted having regard to the existence of a serious issue to be tried and the balance of convenience.' 'Whether there was any utility in granting interlocutory relief after the respondents undertook not to transfer Mr Dempster until 1 July 1999.']

Ratio Decidendi

The Court accepted that Mr Dempster's temporary secondment expired on 30 June 1999 and had not been extended by the only person with power to approve an extension. Because the respondents undertook not to transfer Mr Dempster until 1 July 1999, there was no point in granting interlocutory relief, and the application was dismissed.

Court Disposition

Application for interlocutory relief dismissed; directions hearing adjourned.

Orders

  • ['The application for interlocutory relief be dismissed.' 'The directions hearing be adjourned until 15 July 1999 at 10.15 am.']