Lunt v Victoria International Container Terminal Limited (No 2) [2019] FCA 1016

Lunt v Victoria International Container Terminal Limited (No 2) [2019] FCA 1016

The proceeding was dismissed as an abuse of process because Mr Lunt instituted it not for vindication of his own legal rights, but predominantly as a front for the CFMMEU, the true moving party, to seek relief it was unlikely to obtain if brought in its own name; the use of the court’s processes for this purpose was illegitimate, unjustifiably oppressive, and would bring the administration of justice into disrepute.

Parties
Applicant: Richard Lunt; First Respondent: Victoria International Container Terminal Limited; Second Respondent: Fair Work Commission; Third Respondent: The Australian Maritime Officers' Union; Fourth Respondent: Construction, Forestry, Maritime, Mining and Energy Union
Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Application for Dismissal of Proceeding on Ground of Abuse of Process / Final Judgment on Dismissal Application
Outcome
The proceeding is dismissed as an abuse of process.
Legal Topics
Abuse of Process, Dismissal of Proceeding, Enterprise Agreement Approval, Credibility of Witness, Destruction of Evidence, Certiorari, Jurisdictional Error
Practice and Procedure Evidence Industrial Law Employment Law Abuse of Process Dismissal of Proceeding Enterprise Agreement Approval Credibility of Witness +3 more

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Parties

Richard Lunt

Applicant

Victoria International Container Terminal Limited

First Respondent

Fair Work Commission

Second Respondent

The Australian Maritime Officers' Union

Third Respondent

Construction, Forestry, Maritime, Mining and Energy Union

Fourth Respondent

Procedural Posture

Application for Dismissal of Proceeding on Ground of Abuse of Process / Final Judgment on Dismissal Application

Legal Issues

  1. 1 Whether the proceeding should be dismissed as an abuse of process
  2. 2 Whether the applicant is the true moving party
  3. 3 Predominant purpose in commencing proceeding

Ratio Decidendi

The proceeding was dismissed as an abuse of process because Mr Lunt instituted it not for vindication of his own legal rights, but predominantly as a front for the CFMMEU, the true moving party, to seek relief it was unlikely to obtain if brought in its own name; the use of the court’s processes for this purpose was illegitimate, unjustifiably oppressive, and would bring the administration of justice into disrepute.

Court Disposition

The proceeding is dismissed as an abuse of process.

Orders

  • The proceeding is dismissed.