Federal Court of Australia

Muthu v Radeshar Pty Ltd [2026] FCA 1047

ORDERS

THE COURT NOTES THAT:

A.    There has been no appearance by any party at the hearing at 10.15 am on 23 July 2026.

THE COURT ORDERS THAT:

1.    The application for an extension of time and leave to appeal lodged for filing by the applicant on 4 August 2025 be dismissed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM THE TRANSCRIPT)

HALLEY J:

1    This proceeding concerns an application for an extension of time and leave to appeal from the orders of the Federal Circuit and Family Court of Australia (Division 2) made on 4 June 2026 in Muthu v Radeshar Pty Ltd (No. 2) [2025] FedCFamC2G 826 (primary judgment or PJ), dismissing the applicant’s application for reinstatement of the proceeding No SYG 1271 of 2017 (SYG1271/2017 proceeding).

2    The SYG1271/2017 proceeding was commenced by the applicant on 27 April 2017 and was dismissed by the Federal Circuit Court of Australia (now the Federal Circuit and Family Court of Australia, Division 2) (Federal Circuit Court) on 15 September 2020: Muthu v Radeshar Pty Ltd [2020] FCCA 2158. Following the applicant’s successful appeal to this Court, on 4 October 2022, the SYG1271/2017 proceeding was reinstated and remitted to the Federal Circuit Court for a new trial: Muthu v Radeshar Pty Ltd [2022] FCA 1157.

3    Following the reinstatement of the SYG1271/2017 proceeding and the completion of a number of interlocutory steps, on 13 October 2023, the respondents filed an application seeking dismissal of the action by reason of the applicant’s failure to comply with an order to provide further and better particulars. That application was listed for hearing on 30 October 2023.

4    On 30 October 2023, none of the parties appeared at the hearing, and the respondents’ application was stood over to 8 November 2023.

5    The applicant did not appear at the hearing on 8 November 2023, and the respondents’ application was stood over to 22 November 2023.

6    Nor did the applicant appear at the hearing on 22 November 2023, despite having been reminded of the approaching hearing dates by the Court via email correspondence on 27 October 2023, 30 October 2023 and 16 November 2023. Consequently, on 22 November 2023, the SYG1271/2017 proceeding was dismissed by the Federal Circuit Court for the applicant’s failure to attend pursuant to r 13.06(1)(c) of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (FCFCA Rules): Muthu v Radeshar Pty Ltd [2023] FedCFamC2G 1213.

7    On 9 January 2024, the applicant filed an application in the Federal Circuit Court seeking, inter alia, reinstatement of the SYG1271/2017 proceeding. Following a hearing on 20 February 2024, at which only the applicant made oral submissions, the parties agreed that the respondents’ arguments would be made in writing, and that the matter would be determined without a further hearing.

8    The primary judge found that the applicant has not provided a satisfactory explanation for his absence at the hearing on 22 November 2023 and had not demonstrated that he would, if the SYG1271/2017 proceeding were to be reinstated, conduct it in a way consistent with the overarching purpose of the civil practice and procedure provisions of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and the FCFCA Rules. Consequently, on 4 June 2025, the primary judge dismissed the applicant’s application for reinstatement of the SYG1271/2017 proceeding.

9    On 4 August 2025, the applicant filed an application in this Court for an extension of time and leave to appeal from the orders of the primary judge dismissing his application for a reinstatement of the SYG1271/2017 proceeding (Applicant’s Application).

10    At a case management hearing on 17 April 2026, at which the applicant appeared, I made orders, including Order 3 that the matter be listed for hearing with respect to the Applicant’s Application at 10.15 am on 23 July 2026. At 11:21 am on the same day, my Associate sent a stamped copy of these orders to the applicant at the email address that he had provided in the Applicant’s Application and that he had subsequently used in corresponding with the Court.

11    At the hearing today, neither of the parties appeared when the matter was called for hearing. The Court officer called the matter outside three times, as is the appropriate procedure, but neither party appeared.

12    In these circumstances, and taking into account the applicant’s history of repeated failures to appear at hearings before the Federal Circuit Court as described above, I consider it appropriate and in the interest of justice that the Applicant’s Application be dismissed pursuant to r 30.22(b) of the Federal Court Rules 2011 (Cth).

13    An order will be made dismissing the Applicant’s Application.

Associate:

Dated:    31 July 2026