Wu v Avin Operations Pty Ltd (No 2) [2006] FCA 792

FEDERAL COURT OF AUSTRALIA

Wu v Avin Operations Pty Ltd (No 2) [2006] FCA 792 PRACTICE AND PROCEDURE – application to set aside interlocutory orders – orders set aside where the party against whom orders made did not personally attend the final stage of hearing of interlocutory application and deposes that unaware that his solicitor would seek leave to withdraw – fresh orders for indemnity costs in the amount previously taxed - not payable forthwith – litigant's responsibility to take steps to ensure kept informed of progress of litigation – impecuniosity and ill health insufficient excuses for failure to discharge such responsibility Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 1979, O 3 r 3 , O 14 r 8, O 35 r 7 & 8, O 35A r 2(2)(h), O 62 r 45(3) & (6) Wu v Avin Operations Pty Ltd [2006] FCA 36 discussed Australian Finance Group Ltd v Accent Financial Group Pty Ltd [2005] FCA 66 referred to Australian Competition and Consumer Commission v Black on White Pty Ltd [2004] FCA 363 referred to Microsoft Corporation v Crosslink Marketing Group [2005] FCA 1817 referred to Hall v Nominal Defendant (1966) 117 CLR 423 referred to Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 referred to Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 referred to KM & A Chadwick Pty Ltd v Yeung ("KM & A Chadwick") [1995] FCA 354 referred to Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 cited Ruddock v Vadarlis (2001) 115 FCR 229 referred to Tetijo Holdings Ltd v Keeprite Australia Pty Ltd (Fed C of A, French J, WAG 55 of 1988, 3 May 1991, unreported) referred to Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189 referred to Rosniak v Government Insurance Office (1997) 41 NSWLR 608 referred to Bhagat v Global Custodians Ltd [2002] FCA 223 referred to Selliah v Minister for Immigration and Multicultural and Indigenous Affairs [1998] FCA 469 referred to McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 referred to Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd [1998] FCA 545 referred to Courtney v Medtel Pty Ltd (No 3) [2004] FCA 347 referred to JUN XUE WU v AVIN OPERATIONS PTY LTD (ACN 076) 956 913), BARRIE ARMITAGE, CHRISTOPHER JAMES ARMITAGE, JOAN DOROTHY ARMITAGE, ASIA PACIFIC COATING PTY TLD (ACN 089 840 728) VID 327 of 2003 KENNY J 27 JUNE 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA