Woolwich Pier Hotel Pty Ltd v Comserve (No. 3077) Pty Ltd [2003] FCA 913

FEDERAL COURT OF AUSTRALIA

Woolwich Pier Hotel Pty Ltd v Comserve (No. 3077) Pty Ltd [2003] FCA 913

PRACTICE & PROCEDURE – notice of motion seeking summary dismissal –where no appearance by applicant – where non-compliance with directions

Federal Court Rules O 10 r 3(2), O 10 r 7(1)(a), O 35 r 7(2)(a) WOOLWICH PIER HOTEL PTY LIMITED v COMSERVE (NO. 3077) PTY LIMITED N1056 OF 2002 EMMETT J 13 JUNE 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1056 OF 2002

BETWEEN: WOOLWICH PIER HOTEL PTY LIMITED

APPLICANT

AND: COMSERVE (NO. 3077) PTY LIMITED

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 13 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the application be dismissed; 2. the applicant pay the respondent's costs of the proceeding including the motion; 3. the respondent inform the applicant in writing as soon as practicable of the terms of these orders and of the terms of O 35 r 7(2)(a). 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 N1056 OF 2002

BETWEEN: WOOLWICH PIER HOTEL PTY LIMITED

APPLICANT

AND: COMSERVE (NO. 3077) PTY LIMITED

RESPONDENT

JUDGE: EMMETT J

DATE: 13 JUNE 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 I have before me a motion for summary dismissal of this proceeding. By its statement of claim, the applicant makes allegations concerning an agreement whereby the respondent agreed to sell to the applicant the land and improvements known as the Woolwich Pier Hotel. The applicant claims a declaration that the respondent engaged in misleading or deceptive conduct in relation to that agreement and claims compensation or damages and damages for loss of profits.