Gilchrist v Cooper

[2007] FCA 1071

FEDERAL COURT OF AUSTRALIA

Gilchrist v Cooper [2007] FCA 1071

THOMAS MURRAY GILCHRIST v GARRY COOPER

NSD2622 OF 2005

EMMETT J
12 JULY 2007
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2622 OF 2005

BETWEEN:	THOMAS MURRAY GILCHRIST Applicant
AND:	GARRY COOPER Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	12 JULY 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant pay the respondent’s costs of the proceeding.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD2622 OF 2005

BETWEEN:	THOMAS MURRAY GILCHRIST Applicant
AND:	GARRY COOPER Respondent

JUDGE:	EMMETT J
DATE:	12 JULY 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This proceeding is in Justice Conti’s docket.  Conti J is due to retire in August.  When the matter was last before the Court it was stood over generally pending the outcome of a proceeding brought by this applicant in the Supreme Court.  The Respondent’s solicitor has informed the Court that the Supreme Court proceedings were recently dismissed for want of appearance by the Applicant.  When the matter was called on today there was no appearance for the applicant.  The Respondent seeks an order that the proceeding be dismissed.  In the circumstances, I consider it is appropriate to accede to that request.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:       30 July 2007

The Applicant did not appear.
Solicitor for the Applicant:	Hawthorn Cuppaidge & Badgery
Date of Hearing:	12 July 2007
Date of Judgment:	12 July 2007