McGinn v Australian Information Commissioner (No 3) [2024] FCA 1271

McGinn v Australian Information Commissioner (No 3) [2024] FCA 1271

The applicant's deliberate choice not to appear when the previous interlocutory applications were heard was sufficient reason to dismiss the fresh application to set aside the previous orders; there was no principled basis to set aside the earlier orders.

Parties
Applicant: Sophia McGinn; Respondent: Australian Information Commissioner
Jurisdiction
Australia
Judgment Date
04 November 2024
Procedural Posture
Interlocutory Application / Application to Set Aside Judgment
Outcome
Interlocutory application dismissed with costs
Legal Topics
Set Aside Judgment, Federal Court Procedure, Interlocutory Applications, Costs
Administrative and Constitutional Law and Human Rights Set Aside Judgment Federal Court Procedure Interlocutory Applications Costs

Case Brief

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Parties

Sophia McGinn

Applicant

Australian Information Commissioner

Respondent

Procedural Posture

Interlocutory Application / Application to Set Aside Judgment

Legal Issues

  1. 1 Whether orders made in absence of applicant should be set aside under r 39.05 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The applicant's deliberate choice not to appear when the previous interlocutory applications were heard was sufficient reason to dismiss the fresh application to set aside the previous orders; there was no principled basis to set aside the earlier orders.

Court Disposition

Interlocutory application dismissed with costs

Orders

  • The interlocutory application filed 17 October 2024 seeking relief under r 39.05 of the Federal Court Rules 2011 (Cth) be dismissed.
  • The applicant pay the respondent's costs of and incidental to the interlocutory application.