Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Capital Webworks Pty Ltd v Adultshop.com.Limited [2007] FCA 567
PROCEDURE – application to stay or dismiss action – seven years since action instituted – whether action an abuse of process due to maintenance and champerty no longer able to be maintained – whether failure to give proper discovery in circumstances where sworn evidence documents do not exist – whether want of prosecution – motion for stay or dismissal dismissed
Federal Court Rules O 20 r 2(b), O 20 r 2(c), O 35A r 2(1)(f) Capital Webworks Pty Ltd v Adultshop.com.limited [2007] FCA 262 Capital Webworks Pty Ltd v Adultshop.com Limited [2005] FCA 438 CAPITAL WEBWORKS PTY LTD (ACN 003 384 932) v ADULTSHOP.COM.LIMITED (ACN 009 147 924), MALCOLM DAY AND MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD (ACN 073 716 793) WAD 49 OF 2000
NICHOLSON J
20 APRIL 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 49 OF 2000
BETWEEN: CAPITAL WEBWORKS PTY LTD
(ACN 003 384 932)
Applicant
AND: ADULTSHOP.COM.LIMITED
(ACN 009 147 924)
First Respondent
MALCOLM DAY
Second Respondent
MELBOURNE INFORMATION TECHNOLOGIES AUSTRALIA PTY LTD
(ACN 073 716 793)
Third Respondent
JUDGE: NICHOLSON J
DATE OF ORDER: 20 APRIL 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The motion of the first and second respondents dated 14 December 2004 be dismissed. 2. The proceeding be set down for further directions and to fix a trial date promptly. 3. The first and second respondents pay the applicant's costs of the motion.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 49 OF 2000
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