FEDERAL COURT OF AUSTRALIA Gilchrist v Cooper [2007] FCA 1071 THOMAS MURRAY GILCHRIST v GARRY COOPER NSD2622 OF 2005 EMMETT J 12 JULY 2007 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD2622 OF 2005 BETWEEN: THOMAS MURRAY GILCHRIST Applicant AND: GARRY COOPER Respondent JUDGE: EMMETT J DATE OF ORDER: 12 JULY 2007 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 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 NSD2622 OF 2005 BETWEEN: THOMAS MURRAY GILCHRIST Applicant AND: GARRY COOPER Respondent JUDGE: EMMETT J DATE: 12 JULY 2007 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This proceeding is in Justice Conti's docket. Conti J is due to retire in August. When the matter was last before the Court it was stood over generally pending the outcome of a proceeding brought by this applicant in the Supreme Court. The Respondent's solicitor has informed the Court that the Supreme Court proceedings were recently dismissed for want of appearance by the Applicant. When the matter was called on today there was no appearance for the applicant. The Respondent seeks an order that the proceeding be dismissed. In the circumstances, I consider it is appropriate to accede to that request. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. Associate: Dated: 30 July 2007 The Applicant did not appear. Solicitor for the Applicant: Hawthorn Cuppaidge & Badgery Date of Hearing: 12 July 2007 Date of Judgment: 12 July 2007