Bunney v Procter and Gamble Australia Pty Ltd
[2010] FMCA 632
•18 August 2010
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| BUNNEY v PROCTER & GAMBLE AUSTRALIA PTY LTD | [2010] FMCA 632 |
| TRADE PRACTICES – No appearance by applicant or respondent – dismissal for non-appearance. |
| Federal Magistrates Court Rules, rr.13.03, 16.05 |
| Applicant: | STEPHEN BUNNEY |
| Respondent: | PROCTER & GAMBLE AUSTRALIA PTY LTD (ACN 008 396 245) |
| File Number: | SYG 1394 of 2010 |
| Judgment of: | Barnes FM |
| Hearing date: | 18 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 18 August 2010 |
REPRESENTATION
| Applicant: | No appearance |
| Respondent: | No appearance |
ORDERS
There being no appearance by the applicant the application is dismissed pursuant to Rule 13.03C(1)(c) of the Federal Magistrates Court Rules.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1394 of 2010
| STEPHEN BUNNEY |
Applicant
And
| PROCTER & GAMBLE AUSTRALIA PTY LTD (ACN 008 396 245) |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
This is an application filed on 25 June 2010 by Stephen Bunney seeking damages from Procter & Gamble Australia Pty Ltd for breach of the Trade Practices Act 1974 (Cth), for breach of contract and for breach of the Fair Trading Act 1987 (NSW).
The matter was first before the court on 3 August 2010 on which date there was an appearance by the solicitors for the applicant. There was no appearance for the respondent. Nor has the respondent filed any response or other documents in these proceedings.
The matter was adjourned for mention at 9.30 am today, Wednesday, 18 August 2010. There was no appearance by or on behalf of the applicant or respondent at 9.30 am. The matter was called outside and then stood down until 9.45 am. There was no appearance by or on behalf of the applicant (or, indeed, for the respondent) at that time. Nor is there any material before the court to indicate that any explanation has been provided for the applicant’s failure to appear today.
The applicant’s solicitors were present on the last occasion and are clearly on notice of the listing today.
In the absence of any explanation for the non-appearance of the applicant, having regard to the provisions of the Federal Magistrates Court Rules, I consider that it is appropriate to dismiss the application under r.13.03C(1)(c) of the Rules.
I note that if it emerges that there is in fact a reason for the applicant’s failure to appear today the court has power to set aside a judgment or order under r.16.05 of the Federal Magistrates Court Rules.
I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of Barnes FM
Associate:
Date: 23 August 2010
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