DE ANGELIS v NEW SOUTH WALES POLICE FORCE
[2012] FMCA 1122
•21 November 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| DE ANGELIS v NEW SOUTH WALES POLICE FORCE | [2012] FMCA 1122 |
| HUMAN RIGHTS – Failure to appear for second time at scheduled directions hearing – matter dismissed pursuant to rule 13.03C(1) of the Federal Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Court Rules 2001 (Cth), r.13.03C |
| Applicant: | DIMITRI DE ANGELIS |
| Respondent: | NEW SOUTH WALES POLICE FORCE |
| File Number: | SYG 22 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 21 November 2012 |
| Date of Last Submission: | 21 November 2012 |
| Delivered at: | Sydney |
| Delivered on: | 21 November 2012 |
REPRESENTATION
| No appearance by or on behalf of the applicant |
| Counsel for the Respondent: | Mr Hutchings |
| Solicitors for the Respondent: | Bartier Perry |
ORDERS
The proceeding before this Court, commenced by way of application filed on 4 January 2012, is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled directions hearing.
The applicant pay the costs of the respondent fixed in the amount of $1,146.50 within 28 days.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 22 of 2012
| DIMITRI DE ANGELIS |
Applicant
And
| NEW SOUTH WALES POLICE FORCE |
Respondent
REASONS FOR JUDGMENT
Ex Tempore
The respondent seeks an order that the proceeding before this Court commenced by way of application filed on 4 January 2012 be dismissed, pursuant to rule 13.03C(1) of the Federal Magistrates Court Rules, by reason of the applicant’s failure to attend today’s scheduled directions hearing.
The matter was first listed for a first return date for the Court on 16 March 2012. That date was vacated at the request of the applicant, and a first court date was set down for 24 April 2012. On that occasion, the applicant appeared unrepresented. Directions were made that the matter continue by way of pleadings, and the applicant was directed to file and serve a statement of claim by 25 May 2012. The applicant filed a statement of claim on 30 April 2012. The matter was then relisted for directions on 27 June.
On 27 June 2012, the applicant again appeared unrepresented. During the directions hearings attended by the applicant, the applicant informed the Court that he was pursuing the appointment of a litigation guardian, and had approached the Guardianship Tribunal of New South Wales. However, there has been no further communication received by the Court from the applicant since that directions hearing on 27 June 2012. On that occasion, the matter was stood over to 31 August 2012. The applicant failed to appear on 31 August 2012. The matter was then stood over for further directions today at 10:00am before me.
In support of the application this morning, Mr Hutchings tendered a letter dated 31 August 2012, addressed to the applicant, at the only address provided by the applicant, notifying him of today’s directions hearing. I also note that on 24 September 2012, the Court also wrote to the applicant at his address, providing to him the time, date, and location of today’s directions hearing.
There has been no communication received either by the Court, the respondent or the respondent’s solicitors from the applicant seeking an adjournment of today’s directions hearing, or for any other reason.
Mr Hutchings informed the Court that he understood that the applicant had been charged with offences in respect of which he has been recently convicted and may be presently in prison. In his statement of claim filed on 30 April 2012, the applicant seeks compensation of $35,000,000 (thirty five million dollars) plus costs for wrongful arrest, wrongful imprisonment, abuse of human rights, discrimination against a person with a mental disability, victimisation, loss of income and post traumatic disorder. The respondent’s alleged conduct giving rise to the applicant’s complaints lies principally in the applicant’s allegations of excessive use of force in a search warrant, wrongful arrest and mistreatment whilst in detention.
In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing, and for whatever reason, has chosen not to attend or be represented at today’s directions hearing. For the reasons above, the orders sought by the respondent are appropriate in all the circumstances.
Accordingly, the proceeding before this Court should be dismissed with costs.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 26 November 2012
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