Barghouthi v ING Custodians Pty Ltd [2004] FCA 141

Barghouthi v ING Custodians Pty Ltd [2004] FCA 141

Given the earlier striking out of virtually all of the notice of appeal, the applicant's failure to replead despite further time and judicial advice, his incoherent submissions on costs, his non-appearance, and his apparent unwillingness or inability to proceed, there was no reason why he should not pay the first and second respondents' costs incurred after 29 October 2002, and it was appropriate to make directions for service and return of the respondents' dismissal motion.

Jurisdiction
Australia
Judgment Date
24 February 2004
Procedural Posture
Federal Court Proceeding Involving a Notice of Appeal / Costs Ruling and Directions for Respondents' Motion for Dismissal
Outcome
The applicant was ordered to pay costs, and directions were made for service and return of the respondents' motion for dismissal of the proceedings.
Legal Topics
['costs' 'service of Notice of Motion' 'dismissal for Inactivity' 'pleadings']
['civil Procedure'] ['costs' 'service of Notice of Motion' 'dismissal for Inactivity' 'pleadings']

Case Brief

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Procedural Posture

Federal Court Proceeding Involving a Notice of Appeal / Costs Ruling and Directions for Respondents' Motion for Dismissal

Legal Issues

  1. 1 ["Whether the applicant should pay the first and second respondents' costs incurred after 29 October 2002." "Whether orders should be made for service and return of the respondents' proposed notice of motion for dismissal of the proceedings."]

Ratio Decidendi

Given the earlier striking out of virtually all of the notice of appeal, the applicant's failure to replead despite further time and judicial advice, his incoherent submissions on costs, his non-appearance, and his apparent unwillingness or inability to proceed, there was no reason why he should not pay the first and second respondents' costs incurred after 29 October 2002, and it was appropriate to make directions for service and return of the respondents' dismissal motion.

Court Disposition

The applicant was ordered to pay costs, and directions were made for service and return of the respondents' motion for dismissal of the proceedings.

Orders

  • ["The Respondents' motion for dismissal of the proceedings to be filed and served in accordance with these orders by 11 March 2004." "Service of the notice of motion and supporting affidavits to be effected by: a) sending a copy by prepaid post to PO Box 213 Dulwich Hill NSW 2203; b) the Registrar, by sending a copy...