Stasiuk v Monster Energy Au Pty Ltd (No 2) [2024] FCA 237

Stasiuk v Monster Energy Au Pty Ltd (No 2) [2024] FCA 237

The applicant remained in significant and unexplained breach of orders requiring him to file evidence-in-chief, file a compliant notice of address for service, and provide further security for costs. Given his residence outside Australia, apparent lack of assets within the jurisdiction, and the prejudice to the respondents in continuing to incur costs, it was appropriate to make a self-executing order dismissing the proceeding if the breaches were not remedied within 14 days.

Jurisdiction
Australia
Judgment Date
11 March 2024
Procedural Posture
Patent Infringement Proceeding / Interlocutory Application for Dismissal for Non Compliance With Orders
Outcome
Self-executing order for dismissal made pursuant to r 5.21 of the Federal Court Rules 2011 (Cth), with costs and withdrawal orders.
Legal Topics
['non Compliance With Court Orders' 'security for Costs' 'notice of Address for Service' 'self Executing Dismissal Order']
['practice and Procedure' 'intellectual Property' 'patents'] ['non Compliance With Court Orders' 'security for Costs' 'notice of Address for Service' 'self Executing Dismissal Order']

Case Brief

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Procedural Posture

Patent Infringement Proceeding / Interlocutory Application for Dismissal for Non Compliance With Orders

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed because the applicant failed to comply with orders requiring further security for costs, a compliant notice of address for service, and evidence-in-chief.' 'Whether a self-executing order for dismissal should be made under r 5.21 of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

The applicant remained in significant and unexplained breach of orders requiring him to file evidence-in-chief, file a compliant notice of address for service, and provide further security for costs. Given his residence outside Australia, apparent lack of assets within the jurisdiction, and the prejudice to the respondents in continuing to incur costs, it was appropriate to make a self-executing order dismissing the proceeding if the breaches were not remedied within 14 days.

Court Disposition

Self-executing order for dismissal made pursuant to r 5.21 of the Federal Court Rules 2011 (Cth), with costs and withdrawal orders.

Orders

  • ['The originating application be dismissed pursuant to r 5.21 of the Federal Court Rules 2011 (Cth) if within 14 days the applicant fails to provide further security for costs in the amount of $350,000, file and serve a notice of address for service in accordance with r 11.01, and file and serve his affidavit...