FEDERAL COURT OF AUSTRALIA
Prestia v Pacific Counties Corporation Pty Limited [2008] FCA 2005
JULIE ANNE PRESTIA v PACIFIC COUNTIES CORPORATION PTY LIMITED
NSD 474 OF 2008
EMMETT J
5 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 474 OF 2008
BETWEEN:
JULIE ANNE PRESTIA
Applicant
AND:
PACIFIC COUNTIES CORPORATION PTY LIMITED
ACN 002 143 937
Respondent
JUDGE:
EMMETT J
DATE OF ORDER:
5 DECEMBER 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The Notice of Motion filed on 22 October 2008 be dismissed.
2.The Applicant on the motion pay the respondent’s costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 474 OF 2008
BETWEEN:
JULIE ANNE PRESTIA
ApplicantAND:
PACIFIC COUNTIES CORPORATION PTY LIMITED
ACN 002 143 937
Respondent
JUDGE:
EMMETT J
DATE:
5 DECEMBER 2008
PLACE:
SYDNEY
REASONS FOR JUDGMENT
On 1 October 2008, Deputy Registrar Hedge made an order that Bankruptcy Notice number NN 688 of 2008 be set aside. Registrar Hedge also ordered that the applicant debtor pay the respondent creditor’s costs fixed in the amount of $2,500. Those orders were made in absentia. The debtor did not attend that hearing and there has been no explanation offered as to why the debtor did not attend. However, on 22 October 2008, the debtor filed a notice of motion seeking review of the Registrar’s decision. That motion was listed for hearing on 12 November 2008. It appears to have been adjourned to 13 November 2008, when Cowdroy J gave directions for the debtor to file and serve any evidence upon which she wished to rely before 4 pm on 27 November 2008. The matter was stood over for directions today before the duty judge.
When the matter was called on today, I was informed that Cowdroy J’s directions had not been complied with and no explanation was offered as to why they had not been complied with. In the circumstances I consider the appropriate course is to dismiss the notice of motion for want of compliance with the Court’s directions.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate:
Dated: 16 January 2009
Counsel for the Applicant: Ms C Mathews Solicitor for the Applicant: Russo & Partners Counsel for the Respondent: Ms ST Chrysanthou Solicitor for the Respondent: Landerer & Company Date of Hearing: 5 December 2008 Date of Judgment: 5 December 2008
- AGLC
- Prestia v Pacific Counties Corporation Pty Limited [2008] FCA 2005
- Case
- [2008] FCA 2005
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the applicant had demonstrated a valid basis to set aside the judgment. The applicant argued that there were procedural irregularities and a lack of natural justice in the proceedings that warranted setting aside the judgment. The respondent, on the other hand, maintained that the judgment was correctly obtained and that there were no grounds for setting it aside.
The Court considered the application under the inherent jurisdiction to ensure justice and to prevent an abuse of process. It examined the procedural fairness of the original proceedings and whether there were any irregularities that warranted intervention. The Court found that the applicant had not demonstrated any procedural unfairness or abuse of process that would justify setting aside the judgment. Consequently, the Court dismissed the motion and ordered that the applicant pay the respondent's costs incurred in defending the motion.
Orders
Orders of the court
1. The Notice of Motion filed on 22 October 2008 be dismissed.
2. The Applicant on the motion pay the respondent’s costs of the motion.
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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