Strategic Financial and Project Services Pty Limited v Bank of China

[2012] FCA 757

FEDERAL COURT OF AUSTRALIA

Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 757

Citation:		Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 757
Parties:		STRATEGIC FINANCIAL AND PROJECT SERVICES PTY LTD ACN 110 336 966 and ENERGREEN WIND SYSTEMS PTY LTD ACN 100 729 842 v BANK OF CHINA LIMITED ARBN 002 979 955 and COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124
File number:		NSD 1900 of 2008
Judge:		ROBERTSON J
Date of judgment:		13 July 2012
Catchwords:		PRACTICE AND PROCEDURE – non-compliance with self-executing orders for dismissal of proceedings
Cases cited:		Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 701
Date of hearing:	13 July 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	2
Solicitor for the Applicants:	Mr A Murray of Colin Biggers & Paisley
Counsel for the First Respondent:	Mr BA Coles QC with Mr S Golledge
Solicitor for the First Respondent:	Freehills
Solicitor for the Second Respondent:	Ms B Edel of Henry Davis York

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1900 of 2008

BETWEEN:

STRATEGIC FINANCIAL AND PROJECT SERVICES PTY LTD ACN 110 336 966
First Applicant

ENERGREEN WIND SYSTEMS PTY LTD ACN 100 729 842
Second Applicant

AND:

BANK OF CHINA LIMITED ARBN 002 979 955
First Respondent

COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124
Second Respondent

JUDGE:	ROBERTSON J
DATE OF ORDER:	13 JULY 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The proceeding against the first respondent be dismissed.

2.The applicants pay the first respondent’s costs.

3.The proceeding against the second respondent be dismissed.

4.The applicants pay the second respondent’s costs.

5.The hearing listed to commence on 27 August 2012 for fifteen days be vacated.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1900 of 2008

BETWEEN:

STRATEGIC FINANCIAL AND PROJECT SERVICES PTY LTD ACN 110 336 966
First Applicant

ENERGREEN WIND SYSTEMS PTY LTD ACN 100 729 842
Second Applicant

AND:

BANK OF CHINA LIMITED ARBN 002 979 955
First Respondent

COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124
Second Respondent

JUDGE:	ROBERTSON J
DATE:	13 JULY 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. These reasons should be read with the reasons I gave for making self-executing orders on 29 June 2012: Strategic Financial and Project Services Pty Limited v Bank of China [2012] FCA 701.

2. When the matter came on at 9.30 am this morning I was informed by Mr Murray, the legal representative of the applicants, that the applicants had not complied with the orders I made on 30 April 2012 and 1 May 2012 that the applicants give further security for the respondents’ costs by 21 May 2012, and therefore, in accordance with the orders I made on 29 June 2012, the proceedings against the first respondent and against the second respondent were to be dismissed with costs. I therefore made those orders.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Robertson.

Associate:

Dated:        13 July 2012