Sen v Ausecom Pty Limited
[2012] FMCA 97
•3 February 2012
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| SEN v AUSECOM PTY LIMITED | [2012] FMCA 97 |
| INDUSTRIAL LAW – No appearance by the applicant or respondent at the first Court date – application dismissed for want of appearance. |
| Federal Magistrates Court Rules 2001 (Cth), rr.13.03C, 16.05 |
| Applicant: | ORKUN JAMES SEN |
| Respondent: | AUSECOM PTY LIMITED |
| File Number: | SYG 3001 of 2011 |
| Judgment of: | Emmett FM |
| Hearing date: | 3 February 2012 |
| Date of Last Submission: | 3 February 2012 |
| Delivered at: | Sydney |
| Delivered on: | 3 February 2012 |
REPRESENTATION
| The Applicant: | No appearance |
| The Respondent: | No appearance |
ORDERS
The proceeding commenced by way of application filed on 28 December 2011, is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) by reason of the applicant’s failure to attend today’s first Court date.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 3001 of 2011
| ORKUN JAMES SEN |
Applicant
And
| AUSECOM PTY LIMITED |
Respondent
REASONS FOR JUDGMENT
The matter was originally listed for directions today at 9.30am in John Maddison Tower before Lloyd-Jones FM. On 30 January 2012, a letter was sent to the applicant at both his post office box address and his home address, being all the addresses available to the Court, informing him that the matter was relisted this morning at 10.00am and that the venue had changed to the courtroom in which I am presently sitting, in 80 William Street. I note the letters were also copied to the respondent, although I note there is no affidavit of service in respect of the serving of the applications by the applicant upon the respondent, nor is there any response or notice of appearance filed by the respondent.
In the circumstances, I am satisfied that the applicant was aware of this morning’s directions hearing. There has been no communication received by my Chambers from the applicant, nor am I aware of any communication to the Registry from the applicant seeking an adjournment of today’s directions hearing.
As stated above, I am satisfied that the applicant was aware of today’s directions hearing and, for whatever reason, has chosen not to attend. In the circumstances, I am satisfied that it is appropriate that the matter be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth) (“the Rules”) by reason of the applicant’s failure to attend this morning’s directions hearing.
I direct that a copy of the orders made this morning be sent to the applicant forthwith at both addresses and such notice to include a copy of r.16.05 of the Rules.
I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Emmett FM
Date: 14 February 2012
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