Potier v Hannigan (No 2) [2015] FCA 1455

Potier v Hannigan (No 2) [2015] FCA 1455

The applicant failed to appear at the directions hearing and was therefore in default under r 5.22(c) of the Federal Court Rules 2011; in those circumstances, and having regard to the second respondent's application and the earlier finding that the proceedings were of no utility, the Court dismissed the proceedings immediately and ordered the applicant to pay the second respondent's costs.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Federal Court Proceeding / Case Management Hearing / Directions Hearing
Outcome
Proceedings dismissed immediately; applicant ordered to pay the second respondent's costs of the proceedings.
Legal Topics
['dismissal for Default' 'failure to Attend Hearing' 'costs']
['administrative Law' 'migration Law' 'civil Procedure'] ['dismissal for Default' 'failure to Attend Hearing' 'costs']

Case Brief

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Procedural Posture

Federal Court Proceeding / Case Management Hearing / Directions Hearing

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed immediately because the applicant was in default by failing to attend the directions hearing.' "Whether the applicant should pay the second respondent's costs of the proceedings."]

Ratio Decidendi

The applicant failed to appear at the directions hearing and was therefore in default under r 5.22(c) of the Federal Court Rules 2011; in those circumstances, and having regard to the second respondent's application and the earlier finding that the proceedings were of no utility, the Court dismissed the proceedings immediately and ordered the applicant to pay the second respondent's costs.

Court Disposition

Proceedings dismissed immediately; applicant ordered to pay the second respondent's costs of the proceedings.

Orders

  • ['Pursuant to r 5.23(1)(b)(i) of the Federal Court Rules 2011, the proceedings be dismissed immediately.' "The applicant pay the second respondent's costs of the proceedings."]