Carey v Freehills [2014] FCA 451

Carey v Freehills [2014] FCA 451

In view of the cumulative defaults by the appellants (failure to provide security for costs, delays and deficiencies in preparing and filing appeal materials), and the lack of a genuine and real intention to prosecute the appeal, the appeal should be dismissed; however, justice is served by granting appellants leave to apply within a short period to set aside the dismissal on further material.

Parties
Appellants: Norman Phillip Carey and others (as per the attached schedule); Respondent: Freehills
Jurisdiction
Australia
Judgment Date
28 April 2014
Procedural Posture
Appeal / Application to Dismiss Appeal for Default and Non Compliance; Orders Following Interlocutory Application
Outcome
Appeal dismissed with costs. Leave granted to appellants to apply to set aside the order by 5 May 2014.
Legal Topics
Appeal Dismissal, Security for Costs, Compliance With Court Orders, Interlocutory Applications
Civil Procedure Appeal Dismissal Security for Costs Compliance With Court Orders Interlocutory Applications

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Parties

Norman Phillip Carey and others (as per the attached schedule)

Appellants

Freehills

Respondent

Procedural Posture

Appeal / Application to Dismiss Appeal for Default and Non Compliance; Orders Following Interlocutory Application

Legal Issues

  1. 1 Whether the appeal should be dismissed for failure to provide security for costs and for defaults in compliance with court directions
  2. 2 Whether deregistered entities may remain as appellants

Ratio Decidendi

In view of the cumulative defaults by the appellants (failure to provide security for costs, delays and deficiencies in preparing and filing appeal materials), and the lack of a genuine and real intention to prosecute the appeal, the appeal should be dismissed; however, justice is served by granting appellants leave to apply within a short period to set aside the dismissal on further material.

Court Disposition

Appeal dismissed with costs. Leave granted to appellants to apply to set aside the order by 5 May 2014.

Orders

  • The time between the filing and the hearing of this application be abridged to allow for the hearing on this day.
  • Subject to order 3, the appeal is dismissed with costs.