FEDERAL CIRCUIT COURT OF AUSTRALIA
| GILL v KARAN GREWAL PTY LTD (No.2) | [2019] FCCA 2025 |
| Catchwords: PRACTICE AND PROCEDURE – Application for an extension of time to file a statement of claim – application for dismissal because of non-compliance – extension of time granted – springing order made. |
| Legislation: Australian Human Rights Commission Act 1986 (Cth) Federal Circuit Court Rules 2001 (Cth), rr.1.05, 3.05, 13.03A, 13.03B, 16.05 Federal Court Rules 2011 (Cth), r.1.32 |
| Applicant: | RAJWINDER KAUR GILL |
| Respondent: | KARAN GREWAL PTY LTD (ACN 604 162 576) TRADING AS CURRY PALACE INDIAN RESTAURANT |
| File Number: | PEG 279 of 2017 |
| Judgment of: | Judge Kendall |
| Hearing date: | 23 July 2019 |
| Date of Last Submission: | 23 July 2019 |
| Delivered at: | Perth |
| Delivered on: | 26 July 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr D Singh |
| Solicitors for the Applicant: | Friedman Lurie Singh & D’Angelo |
| Counsel for the Respondent: | Mr R Singh |
| Solicitors for the Respondent: | Chapmans Barristers & Solicitors |
ORDERS
The applicant file and serve a statement of claim by 16 August 2019.
If the applicant fails to comply with Order 1 of these orders, then the application filed 14 July 2017 be dismissed under r.13.03B(1)(c) of the Federal Circuit Court Rules 2001 (Cth).
The application in a case filed 21 January 2019 be dismissed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT PERTH |
PEG 279 of 2017
| RAJWINDER KAUR GILL |
Applicant
And
| KARAN GREWAL PTY LTD (ACN 604 162 576) TRADING AS CURRY PALACE INDIAN RESTAURANT |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the Court are two interlocutory applications as follows:
a)an application for dismissal of the substantive proceeding pursuant to rr.13.03A and 13.03B of the Federal Circuit Court Rules 2001 (Cth) (the “Rules”) as filed by the respondent, Karan Grewal Pty Ltd ACN 604 162 576 trading as Curry Palace Indian Restaurant, on 21 January 2019 (the “Dismissal Application”); and
b)an application for an extension of time in which to comply with orders made by a judge of this Court on 7 December 2018 as filed by the applicant, Rajwinder Kaur Gill, on 12 April 2019 (the “Extension Application”).
The Court notes that on 7 December 2018, Judge Lucev delivered reasons for judgment in Gill v Karan Grewal Pty Ltd (Trading as Curry Palace Indian Restaurant) [2018] FCCA 3549 (“Gill No.1”). The factual and procedural background to the substantive application are summarised in His Honour’s reasons at [2]-[7]. Those paragraphs, and the reasons generally, should be read in order to understand the context giving rise to this matter.
Background to the…
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- Case
- [2019] FCCA 2025
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether Mr. Gill should be granted an extension of time to file his statement of claim, and consequently, whether the proceedings should be dismissed for failure to comply with previous orders. The court was required to consider the principles governing applications for extensions of time and the consequences of non-compliance with court directions.
Judge Kendall granted the extension of time to Mr. Gill, thereby refusing the application for dismissal. In reaching this decision, the court applied the principles that generally favour the determination of disputes on their merits, particularly where the delay is not inordinate and the respondent has not suffered significant prejudice. The court also made a "springing order," which means the extension of time was conditional upon Mr. Gill filing the statement of claim by a specified date, failing which the proceedings would be automatically dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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