Hossain v Restuccia [2019] FCA 777

Hossain v Restuccia [2019] FCA 777

The absence of error or substantial injustice in the primary judgment precludes leave to appeal; the applicant advanced unsustainable allegations and had ample opportunity to formulate and present his case and submissions.

Parties
Applicant: Seikh Hossain; First Respondent: Elena Restuccia; Second Respondent: Allianz Australia Workers Compensation (NSW) Limited; Third Respondent: Song Bai; Fourth Respondent: Tryclown Pty Ltd
Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
Application for leave to appeal refused; proceeding dismissed; applicant to pay costs of Second Respondent.
Legal Topics
Summary Judgment, Leave to Appeal, Costs
Employment Law Practice and Procedure Summary Judgment Leave to Appeal Costs

Case Brief

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Parties

Seikh Hossain

Applicant

Elena Restuccia

First Respondent

Allianz Australia Workers Compensation (NSW) Limited

Second Respondent

Song Bai

Third Respondent

Tryclown Pty Ltd

Fourth Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the decision at first instance was attended with sufficient doubt to warrant reconsideration on appeal
  2. 2 Whether the applicant was denied procedural fairness by being absent at the summary judgment hearing
  3. 3 Whether any substantial injustice would result if leave to appeal were refused

Ratio Decidendi

The absence of error or substantial injustice in the primary judgment precludes leave to appeal; the applicant advanced unsustainable allegations and had ample opportunity to formulate and present his case and submissions.

Court Disposition

Application for leave to appeal refused; proceeding dismissed; applicant to pay costs of Second Respondent.

Orders

  • The Application for leave to appeal is refused.
  • The proceeding is dismissed.