Brown v Macks

[2006] FCA 1840

FEDERAL COURT OF AUSTRALIA

Brown v Macks [2006] FCA 1840

LEAH YVONNE BROWN v PETER MACKS

No SAD 118 of 2005

FINN J
18 DECEMBER 2006
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 118 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	LEAH YVONNE BROWN Appellant
AND:	PETER MACKS Respondent

JUDGE:	FINN J
DATE OF ORDER:	18 DECEMBER 2006
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The appeal be dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 118 OF 2005

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN:	LEAH YVONNE BROWN Appellant
AND:	PETER MACKS Respondent

JUDGE:	FINN J
DATE:	18 DECEMBER 2006
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an appeal from a decision of Federal Magistrate Lindsay in a bankruptcy matter.  The applicant, having initiated the appeal, has indicated to the Court on a number of occasions she wished to discontinue the appeal.  She has been contacted on several occasions requesting that either she file a notice of discontinuance or else she prosecute her appeal.  No notice of discontinuance.  The applicant was again contacted on 27 November 2006, was informed that the matter would be called on today, and it was indicated to her that if a notice of discontinuance was not filed, the matter would be dismissed for want of prosecution.

2. The appellant has not appeared today, neither has she taken any steps to discontinue the appeal.  The appeal itself was lodged in June 2005 and no steps have been taken to prosecute it.  In the circumstances, I order that the appeal be dismissed for want of prosecution under O 52 r 38(1)(a) of the Federal Court Rules.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.

Associate:
Dated:        15 January 2007

Counsel for the Appellant:	The Appellant did not appear
Counsel for the Respondent:	The Respondent did not appear
Date of Hearing:	18 December 2006
Date of Judgment:	18 December 2006