HANNA BESHAI v Host Corporation Pty Ltd T/As Host Direct
[2012] FMCA 236
•20 March 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| HANNA BESHAI v HOST CORPORATION PTY LTD T/AS HOST DIRECT | [2012] FMCA 236 |
| INDUSTRIAL LAW – No appearance by or on behalf of the applicant or the respondent at first Court date –application dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth). |
| Federal Magistrates Court Rules 2001 (Cth), r.13.03C |
| Applicant: | HANNA BESHAI |
| Respondent: | HOST CORPORATION PTY LTD T/AS HOST DIRECT |
| File Number: | SYG 142 of 2012 |
| Judgment of: | Emmett FM |
| Hearing date: | 20 March 2012 |
| Date of Last Submission: | 20 March 2012 |
| Delivered at: | Sydney |
| Delivered on: | 20 March 2012 |
REPRESENTATION
| No appearance by or on behalf of the applicant |
| No appearance by or on behalf of the respondent |
ORDERS
The proceeding before this Court, commenced by way of application filed on 23 January 2012, is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s first Court date.
A copy of r.16.05 of the Federal Magistrates Court Rules 2001 (Cth) is attached to this Order.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 142 of 2012
| HANNA BESHAI |
Applicant
And
| HOST CORPORATION PTY LTD T/AS HOST DIRECT |
Respondent
REASONS FOR JUDGMENT
There is no appearance in respect of this matter either from the applicant or the respondent. I note that there is no affidavit of service to suggest that in fact the respondent has been served.
The time is now 1:37pm and the matter has been called outside on at least three occasions.
There has been no communication received from the applicant to the Court seeking any adjournment of today’s hearing.
I note that the application, that appears to be signed by the applicant, clearly identifies today’s date as the first Court date, the time of the first Court date as 10:00am, and provides the address of the Federal Magistrates Court of Australia at Terrace Tower, 80 William Street, Sydney, New South Wales, 2000.
Even if the applicant had taken some time to locate the particular Courtroom in the building, I do not accept that it is reasonable that it would take from 10:00am until 1:37pm to make those inquiries or locate the Court room, or to provide any communication to the Court or the Registry if in fact the applicant was intending to be here today.
In any event, it is the responsibility of the parties to ensure that they know when and where they are required at Court. The application clearly states on the front of the document that default orders may be made if any party fails to attend.
In the circumstances, I am satisfied that the applicant was aware of today’s hearing and for whatever reason has chosen not to attend.
Accordingly, the proceeding before this Court, commenced by way of application filed on 23 January 2012, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the failure of the applicant to attend today’s scheduled first Court date.
I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 27 March 2012
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