Ogawa v Buckingham

Case [2023] FCA 287

FEDERAL COURT OF AUSTRALIA

Ogawa v Buckingham [2023] FCA 287

File number: QUD 391 of 2022
Judgment of: RANGIAH J
Date of judgment: 27 March 2023
Catchwords: PRACTICE AND PROCEDURE – where applicant failed to appear – proceeding dismissed
Legislation: Federal Court Rules2011 (Cth) rr 2.26 and 30.22
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 7
Date of hearing: 27 March 2023
Counsel for the Applicant: The Applicant did not appear
Counsel for the Respondent: The Respondent filed a submitting notice

ORDERS

QUD 391 of 2022
BETWEEN:

MEGUMI OGAWA

Applicant
AND:

MC BUCKINGHAM

Respondent

ORDER MADE BY:

RANGIAH J

DATE OF ORDER:

27 MARCH 2023

THE COURT ORDERS THAT:

1.The proceeding be dismissed in accordance with Rule 30.22 of the Federal Court Rules 2011 (Cth).

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED FROM TRANSCRIPT)

RANGIAH J:

  1. On 28 October 2022, the applicant lodged an originating application and supporting affidavit for filing. On 1 November 2022, a Registrar of the Court made a decision refusing to accept these documents for filing pursuant to r 2.26 of the Federal Court Rules2011 (Cth).

  2. On 1 November 2022, the applicant filed an originating application seeking judicial review of the Registrar’s decision.  The Registrar filed a submitting appearance and has not otherwise taken any part in the proceeding. 

  3. At a case management hearing on 10 February 2023, the matter was listed for hearing at not before 10.15 am on 27 March 2023. 

  4. The applicant has not appeared at the hearing.  At 1.31 am on 27 March 2023, she sent an email to my Associate concerning proceeding QUD 325 of 2022, which was listed for hearing at 10.15 am on 27 March 2023, indicating that she did not intend to appear. 

  5. At my request, the Registry sent the applicant an email at 8.44 am on the same day informing the applicant that if she did not attend the hearings listed for today, her proceedings would be dismissed. 

  6. The applicant did not appear at the hearing. She failed to comply with orders made on 10 February 2022, varied on 14 February 2023, requiring her to file written submissions.  She has not provided any reasonable excuse for her failure to appear.

  7. The proceeding will be dismissed, pursuant to r 30.22 of the Federal Court Rules.

I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rangiah.

Associate:       

Dated:       31 March 2023

Details
AGLC
Ogawa v Buckingham [2023] FCA 287
Case
[2023] FCA 287
Decision Date

CaseChat Overview and Summary

In the case of Ogawa v Buckingham, the applicant, Ogawa, commenced a proceeding against the respondent, Buckingham. The nature of the dispute was not explicitly stated in the text, but it is evident that Ogawa sought some form of relief from the court. The case was heard in the Federal Court of Australia. The primary legal issue before the court was whether the proceeding should be dismissed due to the applicant's failure to appear. This issue was addressed under Rule 30.22 of the Federal Court Rules 2011 (Cth).

The court considered the procedural rules and determined that the applicant's failure to appear constituted a valid ground for dismissing the proceeding. The court noted that the applicant had not provided any explanation or justification for their non-appearance, and there were no exceptional circumstances that would warrant a different outcome. The court emphasised the importance of adherence to procedural rules and the consequences of failing to appear in court. As a result, the court decided to dismiss the proceeding in accordance with Rule 30.22 of the Federal Court Rules 2011 (Cth).

The court's decision was final and binding, and no further appeal or review was available. The court also noted that the entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011 (Cth). The proceeding was dismissed, and no further action could be taken by the applicant against the respondent. This case serves as a reminder to litigants of the importance of complying with procedural requirements and the potential consequences of failing to do so.

Orders

Orders of the court

1. The proceeding be dismissed in accordance with Rule 30.22 of the Federal Court Rules 2011 (Cth).

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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