Nandutu v Chapman (No 2)

In the Federal Court of Australia, the matter of Nandutu v Chapman (No 2) was heard before the court. The appellant, Nandutu, appealed against a decision made in a previous case, Chapman v Nandutu (No 2). The primary issue before the court was whether the appellant's appeal should be dismissed due to her failure to comply with the court's orders and directions, as well as her lack of communication regarding her intentions with respect to the appeal. The respondent, Chapman, argued that the appeal had no merit and that further delay would only increase the prejudice to her.

The court had to determine whether the appeal should be dismissed for want of prosecution under rule 36.74(1)(d) of the Federal Court Rules 2011 (Cth) or for failure to appear at a related hearing under section 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth). The court found that the appellant had not complied with the directions and orders of the court, had failed to appear at hearings, and had not filed or served affidavit evidence. Furthermore, the appellant had not communicated her intentions with respect to the appeal to the respondent or the court. The court also noted that the appeal did not appear to have any merit on its face. The court concluded that further delay would increase the prejudice to the respondent, and therefore, the appeal should be dismissed.

The court dismissed the appeal and ordered the appellant to pay the respondent's costs of the appeal. The court noted that the entry of orders was governed by Rule 39.32 of the Federal Court Rules 2011. The dismissal of the appeal and the imposition of costs were deemed appropriate given the appellant's failure to comply with the court's orders and directions and her lack of communication regarding her intentions with respect to the appeal. The court also found that the appeal did not have any merit on its face and that further delay would only increase the prejudice to the respondent.