Urizar v Gunnedah Pre-school Association Inc

[2013] FCCA 991

FEDERAL CIRCUIT COURT OF AUSTRALIA

URIZAR v GUNNEDAH PRE-SCHOOL ASSOCIATION INC & ANOR [2013] FCCA 991

Catchwords:
HUMAN RIGHTS.

PRACTICE AND 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(1)(c).

Applicant: KALA-LEE URIZAR

First Respondent: GUNNEDAH PRE-SCHOOL ASSOCIATION INC

Second Respondent: CAROLYN LEYS

File Number: SYG 238 of 2013

Judgment of: Judge Emmett

Hearing date: 29 July 2013

Date of Last Submission: 29 July 2013

Delivered at: Sydney

Delivered on: 29 July 2013

REPRESENTATION

No appearance by or on behalf of the Applicant

Counsel for the First Respondent: Mr Ben Fogarty

Solicitors for the First Respondent: Gilbert and Tobin

Counsel for the Second Respondent: Mr Ben Fogarty

Solicitors for the Second Respondent: Gilbert and Tobin

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYG 238 of 2013

KALA-LEE URIZAR

Applicant

And

GUNNEDAH PRE-SCHOOL ASSOCIATION INC

First Respondent

CAROLYN LEYS

Second Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. The respondents seek an order that the proceeding before this Court, commenced by way of application filed on 8 February 2013, be 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.

2. The applicant was represented at a directions hearing before me on 15 May 2013. On that occasion, the applicant was directed to file and serve a Statement of Claim by 19 June 2013.  No document has been filed by or on behalf of the applicant, either in accordance with this direction, or otherwise. 

3. On 15 May 2013, the matter was listed for further directions on 15 August 2013. However, on 12 July 2013, letters were sent by my chambers to the legal representatives of each of the parties, informing them that the matter was relisted for directions today at 10am.

4. On 24 July 2013, the applicant’s solicitor withdrew as her lawyer.

5. It is now 10.25am.  The matter has been called outside on at least three occasions.  There is no appearance by or on behalf of the applicant.  There has been no communication received from the applicant, by either of the respondents, their legal representatives, or this Court.  

6. In the circumstances, I am satisfied that the applicant was aware of today’s hearing, and, for whatever reason, has chosen not to attend. 

7. Accordingly, I am satisfied that the order sought by the respondents this morning is appropriate.

8. Orders should be made dismissing the proceeding before this Court, commenced by way of application filed on 8 February 2013, 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 with no orders as to costs.

I certify that the preceding eight (8) paragraphs are a true copy of the reasons for judgment of Judge Emmett

Deputy Associate:

Date:  29 July 2013