Huang v University of New South Wales (No 2) [2010] FCA 299

Because Ms Huang had not applied to vacate the Federal Magistrates Court hearing date of 29 March 2010 and that fixture remained, there was no utility in making an order under s 9A of the Foreign Evidence Act 1994 (Cth), so the application was dismissed. No costs order was made because Ms Huang was self-represented and such a proceeding would normally be made ex parte.

Jurisdiction: Australia
Judgment Date: 12 March 2010
Procedural Posture: Application for an Order Under S 9 a of the Foreign Evidence Act 1994 (cth) / Application Dismissed After Hearing
Outcome: Application dismissed; no order as to costs.
Legal Topics: ['foreign Evidence' 'leave Under S 9 a of the Foreign Evidence Act 1994 (cth)' 'costs']

['evidence' 'civil Procedure'] ['foreign Evidence' 'leave Under S 9 a of the Foreign Evidence Act 1994 (cth)' 'costs']

Case Brief

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Procedural Posture

Application for an Order Under S 9 a of the Foreign Evidence Act 1994 (cth) / Application Dismissed After Hearing

Legal Issues

1 ['Whether an order should be made under s 9A of the Foreign Evidence Act 1994 (Cth) when a Federal Magistrates Court fixture remained listed for 29 March 2010.' 'Whether any order as to costs should be made on dismissal of the application.']

Ratio Decidendi

Court Disposition

Application dismissed; no order as to costs.

Orders

['The application be dismissed.' 'There be no order as to the costs of the application.']