Sharbutt v Supatech Holdings Pty Ltd [2010] FCA 957

Sharbutt v Supatech Holdings Pty Ltd [2010] FCA 957

Once a proceeding has been finally disposed of by consent and the relevant orders have been entered, the court has no power to reinstate the proceeding except under limited circumstances provided for by the Federal Court Rules, none of which were satisfied in this case.

Jurisdiction
Australia
Judgment Date
31 August 2010
Procedural Posture
Motion / Application to Reinstate Proceeding After Final Orders Entered
Outcome
Application dismissed
Legal Topics
['reinstatement of Proceeding' 'finality of Orders' 'slip Rule' 'consent Orders']
['practice and Procedure'] ['reinstatement of Proceeding' 'finality of Orders' 'slip Rule' 'consent Orders']

Case Brief

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Procedural Posture

Motion / Application to Reinstate Proceeding After Final Orders Entered

Legal Issues

  1. 1 ['Whether the court has the power to reinstate a proceeding after final orders have been entered' 'Whether Federal Court Rules allow reinstatement in the circumstances' 'Whether the slip rule or other exceptions apply to allow variation of the previous dismissal order']

Ratio Decidendi

Once a proceeding has been finally disposed of by consent and the relevant orders have been entered, the court has no power to reinstate the proceeding except under limited circumstances provided for by the Federal Court Rules, none of which were satisfied in this case.

Court Disposition

Application dismissed

Orders

  • ["The applicant's Motion, notice of which was filed on 11 August 2010, be dismissed."]