Guillaume v City of Stirling

The appellant, Guillaume, appealed against a decision by the registrar of the Federal Circuit and Family Court of Australia to remove the case from the Inactive Cases List and to refuse an application to set aside the dismissal of the proceeding for want of prosecution. The respondent, City of Stirling, was the defendant in the proceeding. The court was required to determine whether the registrar had erred in refusing an application for an adjournment and whether the registrar had erred in finding that a subsequent interlocutory application was an abuse of process.

The court found that the registrar had not erred in refusing the application for an adjournment. The court found that the appellant had not demonstrated any impediment to prosecuting the proceeding and that the appellant had not acted with due expedition in prosecuting the proceeding. The court also found that the registrar had not erred in finding that the subsequent interlocutory application was an abuse of process. The court found that the appellant had made the application in bad faith and for an improper purpose, namely to delay the proceedings and to obtain an advantage in the proceedings.

The court dismissed the appeal and affirmed the decision of the registrar. The court found that the appellant had not demonstrated any error on the part of the registrar in refusing the application for an adjournment or in finding that the subsequent interlocutory application was an abuse of process. The court found that the registrar had acted within their discretion in making the decision and that the decision was not flawed by any error of law.

The court made no orders as to costs.