Tomen Australia Ltd v CV Scheepvaartonderneming Edisongracht [2003] FCA 479

Tomen Australia Ltd v CV Scheepvaartonderneming Edisongracht [2003] FCA 479

There was no appearance by the plaintiff and an apparent total failure on the part of the plaintiff to comply with earlier directions, so the application was dismissed under O 10 r 3(2) of the Federal Court Rules, with the dismissal to take effect 14 days later and costs reserved.

Jurisdiction
Australia
Judgment Date
16 May 2003
Procedural Posture
In Admiralty / Directions Hearing; Application Dismissed for Non Appearance and Failure to Comply With Directions
Outcome
Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules, to take effect in 14 days; costs reserved.
Legal Topics
['non Appearance' 'failure to Comply With Directions' 'dismissal Under Federal Court Rules']
['admiralty' 'civil Procedure'] ['non Appearance' 'failure to Comply With Directions' 'dismissal Under Federal Court Rules']

Case Brief

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Procedural Posture

In Admiralty / Directions Hearing; Application Dismissed for Non Appearance and Failure to Comply With Directions

Legal Issues

  1. 1 ['Whether the application should be dismissed where there was no appearance by the plaintiff and there had been apparent total failure by the plaintiff to comply with earlier directions.']

Ratio Decidendi

There was no appearance by the plaintiff and an apparent total failure on the part of the plaintiff to comply with earlier directions, so the application was dismissed under O 10 r 3(2) of the Federal Court Rules, with the dismissal to take effect 14 days later and costs reserved.

Court Disposition

Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules, to take effect in 14 days; costs reserved.

Orders

  • ['The application is dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.' 'Order 1 to take effect in 14 days from today.' 'Costs are reserved.']