Transport Workers’ Union of NSW o/b Gazounas v Toll Transport Pty Ltd [2015] NSWIRComm 1018 — Public Interest & Statutory Interpretation — Barrister AI
Transport Workers’ Union of NSW o/b Gazounas v Toll Transport Pty Ltd
APPLICATION FOR INTERIM DETERIMNATION - interim determination of reinstatement sought
› application distinct from application pursuant to s.314 - relief in nature of injunctive relief
› tests
Public Interest
› statutory injection distinct from equitable injection
› public interest must lie for interim determination to be made
› public interest wider than interests of parties
› no public interest in termination of contract
› determination refused
Statutory Interpretation
› s.332(5) not designed to deal with terminations of contracts of carriage - s.314 a comprehensive code for dealing with terminations of contracts of carriage
