Agro K Corp v Agrobest Australia Pty Ltd [2001] FCA 1853

FEDERAL COURT OF AUSTRALIA

Agro K Corp v Agrobest Australia Pty Ltd [2001] FCA 1853 AGRO K CORPORATION v AGROBEST AUST PTY LTD N 1397 OF 2001 EMMETT J 7 DECEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1397 OF 2001

BETWEEN: AGRO K CORPORATION

APPLICANT

AND: AGROBEST AUSTRALIA PTY LTD

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 7 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant to pay the respondents costs. 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 1397 OF 2001

BETWEEN: AGRO K CORPORATION

APPLICANT

AND: AGROBEST AUSTRALIA PTY LTD

RESPONDENT

JUDGE: EMMETT J

DATE: 7 DECEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 On 19 October 2001 I directed that the proceeding be stayed until such time as the applicant provided security for costs. Security has not been provided as I ordered. On 22 November 2001 the applicant's solicitors filed a notice of ceasing to act. The respondent's solicitors have endeavoured to communicate with the applicant direct by way of facsimile communication and email to addresses furnished by applicant's former solicitors. There has been no response from the applicant. 2 In the circumstances, it appears to me that the applicant does not intend to proceed with the proceeding or to prosecute it to any extent at all. Accordingly, I order that the application be dismissed and the applicant pay the respondent's costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.

Associate: Dated: 20 December 2001 Counsel for the Applicant: No appearance