Jaackson v Rockwell Olivier (Sydney) Pty Ltd

[2014] FCCA 1834

FEDERAL CIRCUIT COURT OF AUSTRALIA

JAACKSON v ROCKWELL OLIVIER (SYDNEY) PTY LTD [2014] FCCA 1834

Catchwords:
BANKRUPTCY – Application for review of decision of Registrar refusing a stay on the process of a Bankruptcy Notice.

PRACTICE & PROCEDURE – No appearance by or on behalf of the applicant at scheduled hearing – application dismissed pursuant to rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth).

Legislation: 

Federal Circuit Court Rules2001 (Cth), Rule 13.03C

Applicant: MARCUS JAACKSON

Respondent: ROCKWELL OLIVIER (SYDNEY) PTY LTD

File Number: SYG 1333 of 2014

Judgment of: Judge Emmett

Hearing date: 11 August 2014

Date of Last Submission: 11 August 2014

Delivered at: Sydney

Delivered on: 11 August 2014

REPRESENTATION

No appearance by or on behalf of the applicant

Counsel for the Respondent: Ms J. Whitby

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 1333 of 2014

MARCUS JAACKSON

Applicant

And

ROCKWELL OLIVIER (SYDNEY) PTY LTD

Respondent

REASONS FOR JUDGMENT

1. The respondent seeks an order pursuant to Rule 13.03C(1)(c) of the Federal Circuit Court Rules2001 (Cth) (“the Rules”) that the application for review, filed on 17 June 2014, be dismissed by reason of the failure of the applicant to attend today’s scheduled hearing.

2. The application for review sought judicial review of a decision of a Registrar of this Court refusing to stay the process on a Bankruptcy Notice issued on 5 March 2014 and served on 26 April 2014.

3. The respondent’s solicitor, Ms Whitby, tendered an email dated 11 August 2014, purportedly from the applicant to the respondent’s solicitor.  That document was marked ‘Exhibit 1R’. 

4. Exhibit 1R states that the applicant would not be attending Court today.  The email gives no further information as to any reason why the applicant is not attending Court today.  There is nothing in previous orders made by the Court excusing the applicant from attendance today. 

5. I note that on the last occasion the applicant was represented by a person claiming to be a solicitor. A notice of appearance was not filed by this person. I note that the respondent’s solicitors have received no further communication from this person. 

6. On 28 July 2014, the matter was listed for directions this morning at 10am, before Registrar Segal.  The applicant failed to appear before Registrar Segal this morning. Registrar Segal referred the matter to me as the Bankruptcy Duty Judge.

7. The matter has been called outside this Court on at least two occasions this morning, the most recent being less than five minutes ago.

8. In the circumstances, I am satisfied that the applicant is aware of today’s scheduled hearing, and for whatever reason has chosen not to attend.

9. In the circumstances, the application for review, filed on 17 June 2014, should be dismissed with costs pursuant to rule 13.03C(1)(c) by reason of the failure of the applicant to appear at today’s scheduled hearing..

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Associate: 

Date:  14 August 2014