Maher v Commonwealth Bank of Australia [2008] FCA 584

Maher v Commonwealth Bank of Australia [2008] FCA 584

The applicant's failure to appear was determined to be a calculated attempt to delay, not justified by medical grounds. Nonetheless, opportunity to present his motions should be allowed, but only upon payment of $8,000 towards respondent's costs thrown away by the adjournment and non-attendance.

Jurisdiction
Australia
Judgment Date
23 April 2008
Procedural Posture
Notice of Motion / Application to Set Aside or Stay Judgment; Consideration of Adjournment and Costs Orders
Outcome
Conditional setting aside of previous orders; dismissal of motion otherwise
Legal Topics
['application to Set Aside Judgment' 'adjournment' 'costs' 'stay of Orders' 'security for Costs']
['practice and Procedure'] ['application to Set Aside Judgment' 'adjournment' 'costs' 'stay of Orders' 'security for Costs']

Case Brief

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Procedural Posture

Notice of Motion / Application to Set Aside or Stay Judgment; Consideration of Adjournment and Costs Orders

Legal Issues

  1. 1 ['Whether the applicant should be permitted to set aside or stay orders made in his absence' 'Whether costs should be awarded as a condition of setting aside orders' "Whether applicant's failure to appear was justified by medical reasons or constituted a deliberate attempt to delay proceedings"]

Ratio Decidendi

The applicant's failure to appear was determined to be a calculated attempt to delay, not justified by medical grounds. Nonetheless, opportunity to present his motions should be allowed, but only upon payment of $8,000 towards respondent's costs thrown away by the adjournment and non-attendance.

Court Disposition

Conditional setting aside of previous orders; dismissal of motion otherwise

Orders

  • ['On condition the applicant pays $8,000 to the respondent by 4.00 pm on 20 May 2008, orders made on 3 April 2008 are set aside.' "The applicant's notice of motion dated 10 April 2008 otherwise dismissed." 'If the orders are set aside, applicant pay the respondent its costs thrown away on the adjournment and...