Spence v Oberthur Technologies Pty Ltd

[2014] FCCA 649

FEDERAL CIRCUIT COURT OF AUSTRALIA

SPENCE v OBERTHUR TECHNOLOGIES PTY LTD & ANOR [2014] FCCA 649

Catchwords:
INDUSTRIAL LAW – 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 Rules 2001 (Cth), r.13.03C

Applicant: WILLIAM SPENCE

First Respondent: OBERTHUR TECHNOLOGIES PTY LTD

Second Respondent: JAQUELINE FITZPATRICK

File Number: SYG 3122 of 2013

Judgment of: Judge Emmett

Hearing date: 1 April 2014

Date of Last Submission: 20 March 2014

Delivered at: Sydney

Delivered on: 1 April 2014

REPRESENTATION

No appearance by or on behalf of the applicant.

No appearance by or on behalf of either the first respondent or the second respondent.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYG 3122 of 2013

WILLIAM SPENCE

Applicant

And

OBERTHUR TECHNOLOGIES PTY LTD

First Respondent

JACQUELINE FITZPATRICK

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. Rule 13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) provides that if an applicant is absent from a hearing, the Court may dismiss the applicant’s application.

2. In the present case, there has been no appearance by the applicant or by either of the respondents.

3. I note that on the last occasion the matter was before me, the applicant indicated that the parties had executed a deed of release and that the applicant was awaiting payment in accordance with the terms of the deed.

4. In the circumstances, the proceeding commenced by way of application filed on 13 December 2013, should be dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules 2001 (Cth) by reason of the failure of the applicant to appear at today’s scheduled directions hearing.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Date:  16 April 2014