Gerecs v Sydney AC Pty Ltd

[2014] FCCA 2475

FEDERAL CIRCUIT COURT OF AUSTRALIA

GERECS v SYDNEY AC PTY LTD [2014] FCCA 2475

Catchwords:
INDUSTRIAL LAW

PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation:

Federal Circuit Court Rules 2001 (Cth) r.13.03C

Applicant: JAYSON GERECS

Respondent: SYDNEY AC PTY LIMITED

File Number: SYG 235 of 2014

Judgment of: Judge Emmett

Hearing date: 14 October 2014

Date of Last Submission: 14 October 2014

Delivered at: Sydney

Delivered on: 14 October 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

Solicitors for the Respondent: Ms Sarah Searle (Marsdens Law Group)

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 235 of 2014

JAYSON GERECS

Applicant

And

SYDNEY AC PTY LIMITED

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The respondent seeks an order pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) that the proceeding before this Court, commenced by way of application filed on 3 February 2014, be dismissed by reason of the failure of the applicant to appear at today’s scheduled directions hearing.

2. On 6 August 2014, the applicant was directed to file and serve all evidence by way of affidavit upon which he intends to rely by 5 September 2014. There has been no document filed by or on behalf of the applicant in accordance with those directions, or otherwise.

3. On 29 August 2014 the applicant’s lawyer, Emma Golledge of Kingsford Legal Centre, filed a notice of withdrawal as a lawyer and provided the current address and contact number of the applicant.

4. On 24 September 2014, the respondent’s lawyer, Marsdens Law Group Solicitors, filed a notice of address for service.

5. The matter was stood over at the directions hearing on 6 August 2014 until this morning at 9.30am and, on that occasion, a solicitor from the Kingsford Legal Aid Centre appeared for the applicant.

6. The respondent’s solicitor, Ms Searle, who appears this morning, has informed the Court that she telephoned the applicant who has told her that he did no longer wish to continue with the proceeding.

7. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled directions hearing and, for whatever reason, has chosen not to attend.

8. I am satisfied that the order sought by the respondent is appropriate. The proceeding before this Court, commenced by way of application filed on 3 February 2014, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s scheduled directions hearing.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett.

Associate:

Date: 27 October 2014