Transpacific Pty Ltd v Prudential Retirement Insurance and Annuity Company (No 3) [2012] FCA 110

Transpacific Pty Ltd v Prudential Retirement Insurance and Annuity Company (No 3) [2012] FCA 110

In the absence of representation for the plaintiff and given the prior notice and filing history, the interlocutory applications filed by the plaintiff should be dismissed with costs upon application by the defendants.

Jurisdiction
Australia
Judgment Date
07 February 2012
Procedural Posture
Interlocutory Applications Within Civil Proceeding / Post Interlocutory Application Hearing
Outcome
Plaintiff's interlocutory applications dismissed with costs. Proceeding listed for directions. Leave granted to defendants to apply for summary dismissal.
Legal Topics
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Case Brief

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Procedural Posture

Interlocutory Applications Within Civil Proceeding / Post Interlocutory Application Hearing

Legal Issues

  1. 1 ["Whether the plaintiff's interlocutory applications should be dismissed in the absence of appearance and representation"]

Ratio Decidendi

In the absence of representation for the plaintiff and given the prior notice and filing history, the interlocutory applications filed by the plaintiff should be dismissed with costs upon application by the defendants.

Court Disposition

Plaintiff's interlocutory applications dismissed with costs. Proceeding listed for directions. Leave granted to defendants to apply for summary dismissal.

Orders

  • ["The plaintiff's interlocutory application dated 7 November 2011 be dismissed with costs." "The plaintiff's interlocutory application dated 25 November 2011 be dismissed with costs." 'The proceeding be listed for directions before Emmett J at 9.30am on Friday, 17 February 2012.' 'The defendants be granted leave to...