Diamond Hill International Pty Limited v Xu [2001] FCA 531

FEDERAL COURT OF AUSTRALIA

Diamond Hill International Pty Limited v Xu [2001] FCA 531 FEDERAL COURT OF AUSTRALIA- practice and procedure in original jurisdiction – setting aside orders that have been entered – where orders made subsequently to the issue of certificates of taxation – where party affected by order was deregistered at all relevant times but later reregistered – whether orders valid – where orders made in the absence of a party – discretion to set aside under O 35 r 7(2)(a) of the Federal Court Rules

Corporations Law s 119, s 601AD(1), s 601AH Federal Court Rules O 35 r 7(2)(a) DFC of T v Action Workwear Pty Ltd (1996) 14 ACLC 1,335 considered Joro Pty Ltd v State Bank of New South Wales (1992) 5 BPR 11,709 distinguished Autodesk Inc. v Dyason [No. 2] (1993) 176 CLR 300 followed De L v Director – General, NSW Department of Community Services [No 2] (1997) 190 CLR 207 at 215 followed Autistic Association of New South Wales v Dodson [1999] FCA 852 followed DIAMOND HILL INTERNATIONAL PTY LIMITED v HUMPHREY JIAN XU N 8059 OF 1999 STONE J 7 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8059 OF 1999

BETWEEN: DIAMOND HILL INTERNATIONAL PTY LIMITED

APPLICANT

AND: HUMPHREY JIAN XU

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 7 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the applicant's notice of motion filed in Court on 24 April 2001 be dismissed; 2. the applicant pay the costs of Eric Fung & Co, Peter Huntington, Parish Patience and Clarence J Stevens QC in relation to the above motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 8059 OF 1999

BETWEEN: DIAMOND HILL INTERNATIONAL PTY LIMITED