Wan v Human Rights & Equal Opportunity Commission [2000] FCA 432

Wan v Human Rights & Equal Opportunity Commission [2000] FCA 432

The proceeding was struck out because the applicant failed to appear at the hearing and that failure occurred against a background of extensive delays, adjournments, alterations to pleadings and lack of attention to the efficient progress of the proceeding, making it appropriate to accede to the second, third and fourth respondents' application, with liberty to the applicant to seek reinstatement for cause shown.

Jurisdiction
Australia
Judgment Date
04 April 2000
Procedural Posture
Federal Court Proceeding Involving Notice of Motion by the Second, Third and Fourth Respondents / Hearing of Notice of Motion Seeking Directions in Relation to Motions to Strike Out the Proceeding and to Enforce a Settlement
Outcome
Proceeding struck out with costs, subject to liberty to seek reinstatement and variation of the orders for cause shown.
Legal Topics
['strike Out of Proceeding' 'non Appearance' 'delay and Non Responsiveness' 'costs' 'liberty to Seek Reinstatement']
['civil Procedure'] ['strike Out of Proceeding' 'non Appearance' 'delay and Non Responsiveness' 'costs' 'liberty to Seek Reinstatement']

Case Brief

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Procedural Posture

Federal Court Proceeding Involving Notice of Motion by the Second, Third and Fourth Respondents / Hearing of Notice of Motion Seeking Directions in Relation to Motions to Strike Out the Proceeding and to Enforce a Settlement

Legal Issues

  1. 1 ["Whether the proceeding should be struck out in the applicant's absence due to delay, non-responsiveness and lack of attention to the efficient progress of the proceeding." "Whether the applicant should pay the respondents' costs, subject to liberty to seek reinstatement and variation if cause is shown."]

Ratio Decidendi

The proceeding was struck out because the applicant failed to appear at the hearing and that failure occurred against a background of extensive delays, adjournments, alterations to pleadings and lack of attention to the efficient progress of the proceeding, making it appropriate to accede to the second, third and fourth respondents' application, with liberty to the applicant to seek reinstatement for cause shown.

Court Disposition

Proceeding struck out with costs, subject to liberty to seek reinstatement and variation of the orders for cause shown.

Orders

  • ['The proceeding be struck out.' "The applicant to pay the respondents' costs of the proceeding." 'The applicant is at liberty to seek reinstatement of the proceeding and consequent variation of paragraphs 1 and 2 of the orders for cause shown.']