Goldie v The Commonwealth of Australia [2004] FCA 973

Goldie v The Commonwealth of Australia [2004] FCA 973

Given the appellant's repeated failures to comply with procedural requirements for prosecuting the appeal, including failures concerning service, appeal papers, attendance at appointments and payment of the setting down fee, the absence of affidavit evidence explaining those failures, the lack of indication that he would comply in the near future, and the weak assessment of the appeal, the appeal should be dismissed with costs for want of prosecution.

Jurisdiction
Australia
Judgment Date
23 July 2004
Procedural Posture
Motion on Notice by the First and Second Respondents to Dismiss an Appeal for Want of Prosecution, Alternatively for Security for Costs / Appeal; Interlocutory Motion Before a Single Judge
Outcome
Appeal dismissed with costs for want of prosecution.
Legal Topics
['dismissal for Want of Prosecution' 'security for Costs on Appeal' 'failure to Comply With Appeal Procedural Requirements' 'wrongful Arrest and Unlawful Detention Damages']
['civil Procedure' 'federal Court Appellate Procedure' 'costs' 'immigration Detention'] ['dismissal for Want of Prosecution' 'security for Costs on Appeal' 'failure to Comply With Appeal Procedural Requirements' 'wrongful Arrest and Unlawful Detention Damages']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Motion on Notice by the First and Second Respondents to Dismiss an Appeal for Want of Prosecution, Alternatively for Security for Costs / Appeal; Interlocutory Motion Before a Single Judge

Legal Issues

  1. 1 ['Whether the appeal should be dismissed with costs for want of prosecution.' "Alternatively, whether the appellant should provide security in the sum of $5,000 for the first and second respondents' costs of the appeal." "Whether the appellant's failures to serve the notice of appeal, attend appointments, prepare appeal papers, file submissions or affidavits, and pay the setting down fee justified dismissal."]

Ratio Decidendi

Given the appellant's repeated failures to comply with procedural requirements for prosecuting the appeal, including failures concerning service, appeal papers, attendance at appointments and payment of the setting down fee, the absence of affidavit evidence explaining those failures, the lack of indication that he would comply in the near future, and the weak assessment of the appeal, the appeal should be dismissed with costs for want of prosecution.

Court Disposition

Appeal dismissed with costs for want of prosecution.

Orders

  • ['The appeal be dismissed.' "The appellant pay the first and second respondents' costs of the appeal and the motion and the costs (if any) of the other respondents to the appeal."]