FEDERAL COURT OF AUSTRALIA
Webb v Gwenian Pty Limited [2012] FCA 624
IN THE FEDERAL COURT OF AUSTRALIA | |
| Appellant | |
AND: | GWENIAN PTY LIMITED T/AS CLARKE RUBBER DUBBO ACN 092 677 042 Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
2. The appellant pay the respondent’s costs of the appeal and of the interlocutory application of 5 April 2012.
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 2309 of 2011 |
BETWEEN: | BENJAMIN MICHAEL WEBB Appellant
|
AND: | GWENIAN PTY LIMITED T/AS CLARKE RUBBER DUBBO ACN 092 677 042 Respondent
|
JUDGE: | EMMETT J |
DATE: | 18 APRIL 2012 |
PLACE: | SYDNEY |
REASONS FOR JUDGMENT
1 By interlocutory application dated 5 April 2012, the respondent has sought an order, under rule 36.11 of the Federal Court Rules 2011, that the appeal be dismissed for want of prosecution, and, in the alternative, under rule 36.11, that the appeal be dismissed by reason of the appellant’s failure to comply with directions made by the Court on 8 February 2012. The interlocutory application was made returnable for hearing today. When the matter was called on this morning, there was no appearance for the appellant. In all of the circumstances, I consider that it is appropriate to accede to the respondent’s interlocutory application. Accordingly, I propose to order that the appeal be dismissed with costs.
I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 15 June 2012
