FEDERAL COURT OF AUSTRALIA
Napiat Pty Ltd v Salfinger; In the Matter of Salfinger (No 2) [2011] FCA 1271
IN THE FEDERAL COURT OF AUSTRALIA | |
IN THE MATTER OF RODERICK NEIL SALFINGER
| Applicant | |
AND: | Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The Interlocutory Application filed by the respondent on 3 November 2011 be dismissed.
2. The respondent pay the applicant’s costs of and incidental to that Interlocutory Application on an indemnity basis.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
NEW SOUTH WALES DISTRICT REGISTRY | |
GENERAL DIVISION | NSD 476 of 2011 |
IN THE MATTER OF RODERICK NEIL SALFINGER
BETWEEN: | NAPIAT PTY LTD Applicant |
AND: | RODERICK NEIL SALFINGER Respondent |
JUDGE: | FOSTER J |
DATE: | 4 NOVEMBER 2011 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 Yesterday at approximately 1.30 pm, an attempt was made by lawyers for the respondent to file in the Sydney Registry of the Court an Interlocutory Application by which the respondent seeks an order that evidence be taken, or submissions be made, by audio link, or audiovisual link from Canada.
2 This matter is fixed for final hearing on Tuesday, 8 November 2011. For that reason, I gave leave to the respondent to file that Interlocutory Application and fixed it for hearing at 4.15 pm today. My Associate informed the parties of that listing by email sent at 3.07 pm yesterday. When the matter was called on at 4.15 pm today, there was no appearance either by or on behalf of the respondent. Counsel for the applicant is present in Court instructed by his instructing solicitor.
3 The respondent’s application to have his evidence taken by audio link or by audiovisual link should have been made long before yesterday. The affidavits which he filed in support of that application raised grounds and matters about which he has known for some considerable time. That is not to say that I consider that any of the matters raised would justify the orders sought. Nonetheless, the application was not made until yesterday—two and a half working days before the hearing.
4 In those circumstances, and given that the legal representatives of the respondent have not attended at Court today, I propose to dismiss the Interlocutory Application that was filed yesterday with costs. I do so upon the basis that such costs are to be paid on an indemnity basis.
5 There will be orders accordingly.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Foster. |
Associate:
