Johnstone v HIH Insurance Ltd (In Liquidation) [2009] FCA 1314

Johnstone v HIH Insurance Ltd (In Liquidation) [2009] FCA 1314

Each proceeding was dismissed because, when the matters were called on for directions, there was no appearance for Mr Johnstone, although his solicitors on the record had been notified of the directions hearings; in the prior procedural context, the Court considered dismissal appropriate.

Jurisdiction
Australia
Judgment Date
06 November 2009
Procedural Posture
Federal Court Proceedings / Directions Hearing to Determine Whether the Proceedings Were Still on Foot
Outcome
Both proceedings dismissed.
Legal Topics
['dismissal of Proceedings' 'directions Hearing' 'notice of Discontinuance' 'stay Pending Payment of Costs' 'non Appearance']
['civil Procedure' 'costs'] ['dismissal of Proceedings' 'directions Hearing' 'notice of Discontinuance' 'stay Pending Payment of Costs' 'non Appearance']

Case Brief

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Procedural Posture

Federal Court Proceedings / Directions Hearing to Determine Whether the Proceedings Were Still on Foot

Legal Issues

  1. 1 ['Whether NSD 317 of 2002 and NSD 449 of 2007 were still on foot.' 'Whether each proceeding should be dismissed where there was no appearance for Mr Johnstone at the directions hearing after his solicitors had been notified.']

Ratio Decidendi

Each proceeding was dismissed because, when the matters were called on for directions, there was no appearance for Mr Johnstone, although his solicitors on the record had been notified of the directions hearings; in the prior procedural context, the Court considered dismissal appropriate.

Court Disposition

Both proceedings dismissed.

Orders

  • ['NSD 317 of 2002: The proceeding be dismissed.' 'NSD 449 of 2007: The proceeding be dismissed.']