Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Intellec Development Group Pty Ltd v 3D Funtimes Ltd [2011] FCAFC 148 Citation: Intellec Development Group Pty Ltd v 3D Funtimes Ltd [2011] FCAFC 148
Appeal from: 3D Funtimes Limited v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407
Parties: INTELLEC DEVELOPMENT GROUP PTY LTD (ACN 102 696 695) v 3D FUNTIMES LTD (ACN 118 965 932)
File number: WAD 156 of 2011
Judges: STONE, COLLIER AND GILMOUR JJ
Date of judgment: 22 November 2011
Catchwords: PRACTICE AND PROCEDURE – summary dismissal of appeal under s 25(2B)(ba) – appellant's failure to prosecute appeal – delay in prosecuting appeal causing serious prejudice to respondent – just determination of proceeding compromised by appellant's delay – likelihood of appeal succeeding not sufficient to warrant exposing respondent to the prejudice of further delay
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2B)(ba) and (bb), 37M Federal Court Rules r 36.74 – Federal Court Rules (former) O 52 r 38
Cases cited: 3D Funtimes Limited v Intellec Development Group Pty Ltd [2011] FCA 45 Intellec Development Group Pty Ltd v 3D Funtimes Ltd [2011] FCA 797 Shirreff v Beck Legal Pty Limited (No. 3) (2011) FCA 604 Van Reesema v Giameos (1979) 27 ALR 525
Date of hearing: 22 November 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 18
Counsel for the Appellant: A Goldfinch
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