Worchild v Young

[2008] FCA 517

FEDERAL COURT OF AUSTRALIA

Worchild v Young [2008] FCA 517

ANDREW WORCHILD v ROBERT YOUNG, GARY PASK and MARGARET PASK

NSD 2136 OF 2007

DOWSETT J

28 MARCH 2008

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	NSD 2136 OF 2007

BETWEEN:

ANDREW WORCHILD
Applicant

AND:

ROBERT YOUNG
First Respondent

GARY PASK
Second Respondent

MARGARET PASK
Third Respondent

JUDGE:	DOWSETT J
DATE OF ORDER:	28 MARCH 2008
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.the application filed 29 October 2007 be dismissed;

2.the applicant pay the respondents’ costs of the proceedings, including the costs of the notice of motion filed on 30 November 2007, including reserved costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	NSD 2136 OF 2007

BETWEEN:

ANDREW WORCHILD
Applicant

AND:

ROBERT YOUNG
First Respondent

GARY PASK
Second Respondent

MARGARET PASK
Third Respondent

JUDGE:	DOWSETT J
DATE:	28 MARCH 2008
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. The applicant’s address for service on the application is 7 Carlyle Street, Byron Bay.  The file demonstrates that on 5 March 2008, a notice of listing was sent to Mr Worchild at that address, showing that the matter has been listed for directions today.  In those circumstances, Mr Worchild not having appeared, the proceedings will be dismissed.

2. I order that the applicant pay the respondents’ costs of the proceedings, including the costs of the motion filed on 30 November 2007, including reserved costs. 

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

Associate:

Dated:       18   April 2008

Counsel for the Applicant:	The Applicant did not appear
Solicitor for the Respondents:	Allan Dick Solicitors

Date of Hearing:	28 March 2008
Date of Judgment:	28 March 2008