Sunbuild Pty Ltd v Ramsay [2014] FCA 308

Sunbuild Pty Ltd v Ramsay [2014] FCA 308

Leave to appeal is refused because substantial injustice is not likely to result to the applicant from the refusal and the issues can be revisited after final judgment; factual disputes are ongoing and pleadings are not closed.

Parties
Applicant: Sunbuild Pty Ltd; First Respondent: Andrew Ramsay; Second Respondent: Michael Huddy; Third Respondent: Scott Vink; Fourth Respondent: Dennis Peter Mitchell
Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal
Outcome
Application for leave to appeal refused
Legal Topics
Leave to Appeal, Permit Holders' Rights of Entry, Civil Remedies Under Fair Work Act
Employment Law Leave to Appeal Permit Holders' Rights of Entry Civil Remedies Under Fair Work Act

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Parties

Sunbuild Pty Ltd

Applicant

Andrew Ramsay

First Respondent

Michael Huddy

Second Respondent

Scott Vink

Third Respondent

Dennis Peter Mitchell

Fourth Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding answers to separate questions under Fair Work Act 2009 (Cth)
  2. 2 Whether prohibitions in ss 501 and 502 of the Fair Work Act extend to rights of entry conferred by State or Territory occupational health and safety laws

Ratio Decidendi

Leave to appeal is refused because substantial injustice is not likely to result to the applicant from the refusal and the issues can be revisited after final judgment; factual disputes are ongoing and pleadings are not closed.

Court Disposition

Application for leave to appeal refused

Orders

  • The application for leave to appeal is refused.
  • Liberty to the parties to file within 14 days brief written submissions as to the costs of the application.