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Labaj v Lollo Plumbing Pty Ltd (in liq)[2004] QCA 331

Labaj v Lollo Plumbing Pty Ltd (in liq)[2004] QCA 331

 

COURT OF APPEAL

 

McMURDO P

 

No 7313 of 2004

JOHN LABAJ Appellant

and

LOLLO PLUMBING PTY LTD (in liquidation)First Respondent

and

HALL D R, President of the Industrial Court Second Respondent

BRISBANE

DATE 10/09/2004

ORDER

 

THE PRESIDENT:  This appeal was filed on 23 August 2004.  The Deputy-Registrar (Appeals) referred the matter to me because he was concerned about the competency of the appeal.  I arranged for the matter to be listed today for Mr Labaj to show cause why the appeal should not be struck out as incompetent.

Mr Labaj's original claim relates to unpaid wages and was a claim in the Industrial Commission.  He appealed to the Industrial Court of Queensland under s 341(1) of the Industrial Relations Act 1999 (Qld) ("the Act").  He claims he has a right of appeal to this Court under s 340 of the Act.  The decision sought to be appealed from is not one within s 340 of the Act.  Under s 349 of the Act a decision of the Industrial Court under s 341 is final.

Arguably, this Court has a right to nevertheless hear an appeal if there is want of jurisdiction although it may be that that is rather a matter to be dealt with by way of judicial review to a Judge of the trial division.  Mr Labaj has in his notice of appeal alleged that President Hall exceeded jurisdiction in making the decisions or rulings under the provisions of the Corporations Act 2001 (Cth).  I have questioned him about this ground of appeal, he tells me that his argument is that President Hall exceeded jurisdiction in allowing an industrial advocate, Mr Nicholson, to appear for the first respondent in the matter at first instance contrary to the provisions of the Corporations Act and that this is the excess of jurisdiction. 

Those grounds do not raise an excess of jurisdiction and do not in any way alter the position under s 349 of the Act, which makes the original decision sought to be appealed from final.  It follows that the appeal is incompetent and must be struck out. 

...

THE PRESIDENT:  Yes.  The order is the appeal is struck out as incompetent.  There is no order as to costs.

Close

Editorial Notes

  • Published Case Name:

    Labaj v Lollo Plumbing Pty Ltd (in liq) & Anor

  • Shortened Case Name:

    Labaj v Lollo Plumbing Pty Ltd (in liq)

  • MNC:

    [2004] QCA 331

  • Court:

    QCA

  • Judge(s):

    McMurdo P

  • Date:

    10 Sep 2004

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2002] QIRC 87 170 QGIG 21411 Jun 2002Vice President Linnane
Primary JudgmentMagistrates Court (no citation or file number)25 Dec 2002Defendant applied for security for costs against undischarged bankrupt plaintiff; plaintiff applied to dismiss counter-claim; security for costs ordered in the sum of $1,500 and plaintiff's application dismissed: Stipendiary Magistrate
Primary Judgment[2003] QDC 23230 Jul 2003Plaintiff appealed against Magistrate's orders made on 25 December 2002; whether exceptional circumstances warranted security for costs; appeal allowed in part and orders for security for costs set aside: Boulton DCJ
Primary Judgment[2004] ICQ 32 176 QGIG 2730 Apr 2004President Hall
Primary Judgment[2004] ICQ 49 176 QGIG 61303 Aug 2004President Hall
Primary Judgment[2004] QIRC 161 177 QGIG 14802 Sep 2004Commissioner Asbury
Primary JudgmentSC No 968 of 2003 (no citation)03 Sep 2004Cullinane J
Primary JudgmentSC No 3248 of 2004 (no citation)15 Dec 2004Douglas J
Appeal Determined (QCA)[2004] QCA 9602 Apr 2004Plaintiff appealed against interlocutory order transferring his proceeding to the Townsville Registry of the Supreme Court; where inter alia first defendant carries on business in Townsville and claim arose from events in Townsville; appeal dismissed with costs: M McMurdo P, Davies JA and Philippides J
Appeal Determined (QCA)[2004] QCA 33110 Sep 2004Plaintiff asked to show cause why his appeal (CA No 7313 of 2004) should not be struck out as incompetent; where plaintiff sought to appeal appellant decision of the Industrial Court of Queensland; appeal incompetent and struck out: M McMurdo P
Appeal Determined (QCA)[2005] QCA 8601 Apr 2005Williams and Keane JJA and Holmes J

Appeal Status

Appeal Determined (QCA)

Cases Cited

No judgments cited by this judgment.

Cases Citing

Case NameFull CitationFrequency
Hambleton v Labaj [2010] QSC 1242 citations
1

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