Taxi Awards Pty Ltd v Taxi E Pay Pty Ltd

[2013] FCCA 471

FEDERAL CIRCUIT COURT OF AUSTRALIA

TAXI AWARDS PTY LTD v TAXI E PAY PTY LTD & ANOR [2013] FCCA 471

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: TAXI AWARDS PTY LTD

First Respondent: TAXI E PAY PTY LIMITED

Second Respondent: RUSSELL MACDONALD

File Number: SYG 1416 of 2012

Judgment of: Judge Emmett

Hearing date: 24 May 2013

Date of Last Submission: 24 May 2013

Delivered at: Sydney

Delivered on: 24 May 2013

REPRESENTATION

No appearance by or on behalf of the Applicant

Solicitor for the Respondent: Mr P. Damp (CLS Legal)

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 1416 of 2012

TAXI AWARDS PTY LTD

Applicant

And

TAXI E PAY PTY LIMITED

First Respondent

RUSSELL MACDONALD

Second Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. The respondent seeks an order, pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001(Cth), that the proceeding before this Court, commenced by way of application, filed on 28 June 2012, be dismissed by reason of the failure of the applicant to appear at today’s scheduled hearing.

2. I note that on 19 November 2012, the parties were referred to mediation and directed to approach a registrar of the Court within seven days, for the purpose of arranging a mediation. That order also noted that the mediation was expected to be completed by 22 February 2013.

3. I am informed by the solicitor for the respondent, Mr Damp, that no mediation has taken place, and I note information from the Deputy District Registrar to that effect.

4. Whilst I make no finding in relation to the prospects of success in respect of the applicant’s application, the proceeding before this Court, commenced by way of application filed on 28 June 2012, is dismissed pursuant to r.13.03C(1)(c) of the Federal Circuit Court Rules2001(Cth) by reason of the failure of the applicant to appear at today’s scheduled hearing.

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

Date:  6 June 2013