Gould v Mosman Returned Servicemen's Club Ltd

[2010] FCA 849

FEDERAL COURT OF AUSTRALIA

Gould v Mosman Returned Servicemen’s Club Ltd [2010] FCA 849

Citation:	Gould v Mosman Returned Servicemen’s Club Ltd [2010] FCA 849
Appeal from:	Gould, in the matter of Mosman Returned Servicemen’s Club Limited [2009] FCA 1592
Parties:	STEPHEN GEORGE GOULD v MOSMAN RETURNED SERVICEMEN’S CLUB LTD
File number(s):	NSD 48 of 2010
Judge:	EMMETT J
Date of judgment:	21 July 2010
Date of hearing:	21 July 2010
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	4
Counsel for the Appellant:	No appearance
Solicitor for the Respondent:	Piggott Stinson

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 48 of 2010

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	STEPHEN GEORGE GOULD Appellant
AND:	MOSMAN RETURNED SERVICEMEN’S CLUB LTD Respondent

JUDGE:	EMMETT J
DATE OF ORDER:	21 JULY 2010
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 48 of 2010

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	STEPHEN GEORGE GOULD Appellant
AND:	MOSMAN RETURNED SERVICEMEN’S CLUB LTD Respondent

JUDGE:	EMMETT J
DATE:	21 JULY 2010
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter is listed for callover for the November sittings, and is an appeal from orders made by Lindgren J on 15 December 2009.  There was a callover on 3 February 2010. 

2. The appellant did not attend the callover on that day and an order was made dismissing the appeal.  The appellant subsequently filed a motion seeking leave to have the appeal reinstated and, on 27 April 2010, orders were made setting aside the orders made on 3 February 2010 and referring the matter to the appeals unit for the next Full Court callover. 

3. The appellant was notified of the callover today by letter of 28 June 2010.  When the matter was called, there was no appearance for either party. 

4. In the circumstances, it is appropriate that the proceeding be dismissed.  I order that the appeal be dismissed.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate:

Dated:        10 August 2010