Thiess Contractors Pty Ltd v CFMEU [1999] FCA 1205

Thiess Contractors Pty Ltd v CFMEU [1999] FCA 1205

The extension of time was refused because leave to appeal would plainly be refused: the need for interlocutory relief had passed, Cooper J's view on s 170MN was only tentative for the purpose of the interlocutory application, and the applicants were seeking a premature appellate determination of a legal question without final first-instance findings of fact.

Jurisdiction
Australia
Judgment Date
17 August 1999
Procedural Posture
Application to Extend Time in Which to Make an Application for Leave to Appeal From an Interlocutory Judgment Refusing Interlocutory Injunctive Relief Under S 170 NG of the Workplace Relations Act 1996 (cth) / Full Court Application for Extension of Time and Leave to Appeal
Outcome
Application refused.
Legal Topics
['extension of Time' 'leave to Appeal' 'interlocutory Injunction' 'industrial Action' 'construction of S 170 MN of the Workplace Relations Act 1996 (cth)']
['industrial Law'] ['extension of Time' 'leave to Appeal' 'interlocutory Injunction' 'industrial Action' 'construction of S 170 MN of the Workplace Relations Act 1996 (cth)']

Case Brief

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Procedural Posture

Application to Extend Time in Which to Make an Application for Leave to Appeal From an Interlocutory Judgment Refusing Interlocutory Injunctive Relief Under S 170 NG of the Workplace Relations Act 1996 (cth) / Full Court Application for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether time should be extended to make an application for leave to appeal from the interlocutory judgment.' 'Whether leave to appeal should be granted where interlocutory injunctive relief was no longer sought.' 'Whether the Full Court should determine the construction of s 170MN of the Workplace Relations Act 1996 (Cth) in an appeal from an interlocutory decision and without comprehensive findings of fact.']

Ratio Decidendi

The extension of time was refused because leave to appeal would plainly be refused: the need for interlocutory relief had passed, Cooper J's view on s 170MN was only tentative for the purpose of the interlocutory application, and the applicants were seeking a premature appellate determination of a legal question without final first-instance findings of fact.

Court Disposition

Application refused.

Orders

  • ['The application to extend time in which to make the application for leave to appeal is refused.']