FEDERAL COURT OF AUSTRALIA

Fleet v Royal Society for the Prevention of Cruelty to Animals New South Wales [2008] FCA 1904

ROBERT FLEET v ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS NEW SOUTH WALES

NSD 1686 of 2004

TAMBERLIN J

9 DECEMBER 2008

SYDNEY

THE COURT ORDERS THAT:

1.                  The appeal be dismissed.

2.                  The applicant to pay the respondent’s costs.

3.                  The respondent creditor’s costs of this appeal be treated as part of the costs as petitioning creditor for the purpose of section 109(1)(a) of the Bankruptcy Act 1966

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.

REASONS FOR JUDGMENT

Tamberlin J

1                     This is a notice of motion filed by Dr Fleet on 13 November 2008, seeking to set aside orders made by Justice Bennett on 2 June 2005.

2                     I am satisfied that the applicant in this matter has failed to prosecute the proceeding with due diligence, and has failed to appear before the court this morning, being aware of the matter having been set down for hearing this morning. I note that a fax was sent to the court on 8 December 2008 at 9:14 pm, simply saying that Dr Fleet was not in a position to attend, but no reason whatsoever was given for this. And I note that on a proceeding yesterday Dr Fleet did not appear before the court.

3                     I make an order under O 35A r 2(1)(f) of the Federal Court Rules dismissing the notice of motion in relation to orders 1, 2 and 3, as sought in the notice of motion. I note that orders 4 and 5 have been dismissed by Bennett J on a previous occasion.

Associate:

Dated:         9 December 2008