FEDERAL COURT OF AUSTRALIA Tomen Australia Ltd v CV Scheepvaartonderneming Edisongracht [2003] FCA 479 TOMEN AUSTRALIA LTD V CV SCHEEPVAARTONDERNEMING EDISONGRACHT N 1 OF 2002 MOORE J SYDNEY 16 MAY 2003 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1 OF 2002 IN ADMIRALTY BETWEEN: TOMEN AUSTRALIA LTD PLAINTIFF AND: CV SCHEEPVAARTONDERNEMING EDISONGRACHT DEFENDANT JUDGE: MOORE DATE OF ORDER: 16 MAY 2003 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application is dismissed pursuant to O 10 r 3(2) of the Federal Court Rules. 2. Order 1 to take effect in 14 days from today. 3. Costs are reserved. 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 1 OF 2002 IN ADMIRALTY BETWEEN: TOMEN AUSTRALIA LTD PLAINTIFF AND: CV SCHEEPVAARTONDERNEMING EDISONGRACHT DEFENDANT JUDGE: MOORE DATE: 16 MAY 2003 PLACE: SYDNEY REASONS FOR JUDGMENT (GIVEN EX TEMPORE) 1 This matter was listed for directions this morning. There has been no appearance by the plaintiff or the defendant. 2 The proceedings have been on foot since 2 January 2002. Various directions have been given since then, and there have been many instances on which the parties have failed to comply with the directions. The matter was scheduled to be before the Court on 20 February 2003 for directions. That date was vacated by consent orders made on 20 December 2002, and the matter was listed for directions at 9.30 am this morning. The solicitors appearing for the plaintiff and the solicitors appearing for the defendant were advised of this date. 3 The directions most recently given (on 20 December 2002) required various things to be done by both parties in the early part of this year including the filing of evidence by the plaintiff by 27 February 2003 (as a first step), evidence in reply by the defendant by 11 April 2003 and further evidence by the plaintiff by 9 May 2003. None of these things has occurred. 4 In light of the fact there has been no appearance from the plaintiff and given the apparent total failure on the part of the plaintiff to comply with earlier directions, I propose to order that the application be dismissed under O 10 r 3(2) of the Federal Court Rules. However, I propose to further order that this order take effect 14 days from today and I reserve on the question of costs. The purpose of making the orders in these terms is to give the plaintiff an opportunity, if it wishes, to have the matter reinstated. I so order. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore. Associate: Dated: 16 May 2003 Solicitor for the Applicant: O'Reilly Sever & Co Solicitor for the Respondent: Middletons Date of Hearing: 16 May 2003 Date of Judgment: 16 May 2003