UEN v HONEYWELL LIMITED
[2011] FMCA 362
•12 May 2011
FEDERAL MAGISTRATES COURT OF AUSTRALIA
| UEN v HONEYWELL LIMITED | [2011] FMCA 362 |
| PRACTICE & PROCEDURE – Costs – costs of this and previous directions hearing payable within 14 days. |
| Applicant: | HENRY UEN |
| Respondent: | HONEYWELL LIMITED |
| File Number: | SYG 1369 of 2010 |
| Judgment of: | Raphael FM |
| Hearing date: | 12 May 2011 |
| Date of Last Submission: | 12 May 2011 |
| Delivered at: | Sydney |
| Delivered on: | 12 May 2011 |
REPRESENTATION
| Solicitors for the Applicant: | Gillis Delaney Lawyers |
| Counsel for the Respondent: | Mr Y Sharif |
| Solicitors for the Respondent: | Dibbs Barker |
ORDERS
The orders of 5 April 2011 are amended so that:
(a)The date in Order 3 shall read 19 May 2011.
(b)The date in Order 4 shall read 2 June 2011.
(c)The date in Order 5 shall read 9 June.
Applicant to pay the Respondent’s costs of today assessed in the sum of $750.00.
The costs of this application and of the application dated 5 April 2011 to be paid within 14 days.
Liberty to apply on two days notice.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 1369 of 2010
| HENRY UEN |
Applicant
And
| HONEYWELL LIMITED |
Respondent
REASONS FOR JUDGMENT
This matter has come before me on a number of occasions and, regrettably, the hearing dates which were appointed have had to be vacated also on a number of occasions, although, as a result of discussions between the bench and the parties today, the hearing date last appointed will remain. I am of the view that there were serious deficiencies in the applicant’s pleading and that the applicant failed to understand the point of the orders made on 5 April 2011 insofar as they related to claims of breaches of foreign law which have now, by agreement, been deleted from the further amended statement of claim that I have ordered to be filed by 19 May 2011.
The respondent seeks orders that costs in respect of all the previous directions hearings be assessed and ordered to be paid forthwith. I am not prepared to make that order in regard to any directions hearing prior to 5 April because no costs were assessed at the time and it will be difficult to work out the fault which is claimed to have been that of the applicant. The proper time for dealing with those matters is after a final order for costs has been made. On the other hand, the events of 5 April and the events of today, of course, are fresh in mind and I do believe that it is time that the applicant faced up to his responsibilities to properly present his case which, I regret to say, I think he has failed to do to the level required so far.
The orders which I make today will, therefore, include an order that the costs of this application be assessed in the sum of $750.00 and, together with the costs of the application dated 5 April 2011, are to be paid within 14 days.
I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM
Associate:
Date: 18 May 2011
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