Murabito v Westview Frames and Trusses (NSW) Pty Ltd [2024] FCA 1385

Murabito v Westview Frames and Trusses (NSW) Pty Ltd [2024] FCA 1385

The appeal should be dismissed as Mr Murabito demonstrated an inability or unwillingness to comply with repeated Court directions and to progress the appeal, resulting in substantial delay, wasted costs, and prejudice to the respondents, which justifies dismissal under s 25(2B)(ba) and s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Parties
Appellant: Steven Samuel Murabito; First Respondent: Westview Frames and Trusses (NSW) Pty Ltd ACN 150 774 628; Second Respondent: Andrew Barden
Jurisdiction
Australia
Judgment Date
05 December 2024
Procedural Posture
Appeal / Disposal of Appeal—application for Dismissal for Want of Prosecution And/or Failure to Comply With Directions
Outcome
Appeal dismissed
Legal Topics
Dismissal for Want of Prosecution, Failure to Comply With Court Directions, Appeals, Bankruptcy—sequestration Orders
Practice and Procedure Bankruptcy Dismissal for Want of Prosecution Failure to Comply With Court Directions Appeals Bankruptcy—sequestration Orders

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Parties

Steven Samuel Murabito

Appellant

Westview Frames and Trusses (NSW) Pty Ltd ACN 150 774 628

First Respondent

Andrew Barden

Second Respondent

Procedural Posture

Appeal / Disposal of Appeal—application for Dismissal for Want of Prosecution And/or Failure to Comply With Directions

Legal Issues

  1. 1 Whether the appeal should be dismissed for want of prosecution under s 25(2B) of the Federal Court of Australia Act 1976 (Cth) or for failure to comply with directions of the Court

Ratio Decidendi

The appeal should be dismissed as Mr Murabito demonstrated an inability or unwillingness to comply with repeated Court directions and to progress the appeal, resulting in substantial delay, wasted costs, and prejudice to the respondents, which justifies dismissal under s 25(2B)(ba) and s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).

Court Disposition

Appeal dismissed

Orders

  • The requirement in relation to service of the interlocutory application is dispensed with pursuant to r 1.34 of the Federal Court of Australia Rules 2011 (Cth).
  • The appeal be dismissed pursuant to s 25(2B)(ba) and s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth).