Ogawa v Commonwealth of Australia [2023] FCA 929

The proceeding was dismissed because the applicant failed to serve the respondent and failed to appear at the case management hearing without giving a reasonable excuse, both being events of default.

Jurisdiction: Australia
Judgment Date: 08 August 2023
Procedural Posture: Application Seeking Relief Pursuant to S 39 B of the Judiciary Act 1903 (cth), Damages, and Interlocutory Suppression Orders / Case Management Hearing
Outcome: The proceeding was dismissed with no order as to costs.
Legal Topics: ['service of Process' 'failure to Appear' 'dismissal of Proceeding' 'suppression Orders']

['practice and Procedure' 'administrative and Constitutional Law and Human Rights'] ['service of Process' 'failure to Appear' 'dismissal of Proceeding' 'suppression Orders']

Case Brief

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Procedural Posture

Application Seeking Relief Pursuant to S 39 B of the Judiciary Act 1903 (cth), Damages, and Interlocutory Suppression Orders / Case Management Hearing

Legal Issues

1 ['Whether the applicant had proved service upon the respondent.' "Whether the applicant's failure to appear at the case management hearing, without a reasonable excuse, warranted dismissal of the proceeding."]

Ratio Decidendi

The proceeding was dismissed because the applicant failed to serve the respondent and failed to appear at the case management hearing without giving a reasonable excuse, both being events of default.

Court Disposition

The proceeding was dismissed with no order as to costs.

Orders

['The proceeding be dismissed.' 'There be no order as to costs.']