High Court Registry closure

The High Court Registry will be closed from 4.00pm on Wednesday, 24 December 2025 and will re-open at 9:00am on Friday, 2 January 2026.

Any party seeking to file a document due to be filed between 25 December 2025 and 1 January 2026 has an automatic extension of time under the  High Court Rules 2004 (Rule 4.01.5) until 4:00pm on Friday, 2 January 2026 to file the document. Any documents lodged between 25 December 2025 and 1 January 2026 will be reviewed on 2 January 2026.

All inquiries for the High Court will be considered when the Registry re-opens on Friday, 2 January 2026.If a matter is of extreme urgency, you may telephone 1800 570 566, select Option 1 and leave a voicemail. In addition provide details by email to: registry@hcourt.gov.au.

Tomlinson v. Ramsey Food Processing Pty Limited

Case No. S7/2015
Case information

Lower Court Judgment

21/07/2014 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Ward JA, Emmett JA )

[2014] NSWCA 237

Catchwords

Estoppel – Issue estoppel – Appellant was employee at abattoir owned by respondent – Appellant was injured as result of respondent’s negligence – Appellant and others complained to Fair Work Ombudsman about abattoir’s failure to pay all wage entitlements – Fair Work Ombudsman brought proceedings in its name against respondent – Appellant separately commenced proceedings claiming damages against respondent for personal injury under Civil Liability Act 2002 (NSW) – Appellant argued in proceedings that abattoir was relevant employer – Respondent pleaded by way of defence that appellant was issue estopped by reason of earlier proceedings on the issue of employee/employer such that respondent was appellant’s relevant employer – Whether Fair Work Ombudsman was privy of appellant employee in earlier proceedings – Whether appellant was issue estopped by earlier decision made in proceedings commenced by Fair Work Ombudsman to which appellant was not party.

Short Particulars

Documents

12/12/2014 Hearing (SLA, Sydney)

07/01/2015 Notice of appeal

21/01/2015 Written submissions (Appellant)

21/01/2015 Chronology (Appellant)

11/02/2015 Written submissions (Respondent)

04/03/2015 Reply

10/04/2015 Hearing (Full Court, Canberra) (Audio-visual recording)

12/08/2015 Judgment (Judgment summary)