Chrubasik v National Australia Bank (No 2) [2009] FCA 826

Chrubasik v National Australia Bank (No 2) [2009] FCA 826

Proceedings were dismissed against all Respondents due to Applicants' failure to comply with court orders, absence of prosecution, and lack of any explanation or cause of action. Costs were ordered against the Applicants, with the sum of $22,000 to the National Australia Bank fixed as a gross sum, as the lowest reasonable figure established by affidavit evidence of a costs consultant.

Parties
First Applicant: Professor Dr. Sigrun Adeline Chrubasik; Second Applicant: Professor Dr. Joachim Chrubasik; First Respondent: National Australia Bank (ACN 004 044 937); Second Respondent: Commissioner of Taxation; Third Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Civil / Notice of Motion for Dismissal and Costs
Outcome
proceeding dismissed against all respondents; costs ordered against applicants
Legal Topics
Dismissal for Want of Prosecution, Costs Assessment, Federal Court Civil Procedure
Civil Procedure Dismissal for Want of Prosecution Costs Assessment Federal Court Civil Procedure

Case Brief

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Parties

Professor Dr. Sigrun Adeline Chrubasik

First Applicant

Professor Dr. Joachim Chrubasik

Second Applicant

National Australia Bank (ACN 004 044 937)

First Respondent

Commissioner of Taxation

Second Respondent

Deputy Commissioner of Taxation

Third Respondent

Procedural Posture

Civil / Notice of Motion for Dismissal and Costs

Legal Issues

  1. 1 Whether the proceedings should be dismissed for want of prosecution under O 35A, r 3(1)(a) of the Federal Court Rules
  2. 2 Appropriateness of ordering costs in a gross sum under O 62, r 4 of the Federal Court Rules

Ratio Decidendi

Proceedings were dismissed against all Respondents due to Applicants' failure to comply with court orders, absence of prosecution, and lack of any explanation or cause of action. Costs were ordered against the Applicants, with the sum of $22,000 to the National Australia Bank fixed as a gross sum, as the lowest reasonable figure established by affidavit evidence of a costs consultant.

Court Disposition

proceeding dismissed against all respondents; costs ordered against applicants

Orders

  • The Applicants' proceeding as against the First Respondent is dismissed.
  • The Applicants to pay the First Respondent's costs.