Maher v Commonwealth Bank of Australia [2008] FCA 584

FEDERAL COURT OF AUSTRALIA

Maher v Commonwealth Bank of Australia [2008] FCA 584

PRACTICE AND PROCEDURE – application to set aside judgment or for judgment to be stayed – applicant self represented – applicant failed to appear – applicant submitted medical certificate evidence for non-attendance – whether attempt to delay – on condition that the applicant pay part of the respondent's costs, orders set aside Maher v Commonwealth Bank of Australia [2004] FCA 248 followed DENNIS MAHER v COMMONWEALTH BANK OF AUSTRALIA

VID 153 of 2008

TRACEY J

23 APRIL 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 153 of 2008

BETWEEN: DENNIS MAHER

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA

Respondent

JUDGE: TRACEY J DATE OF ORDER: 23 APRIL 2008

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. On condition that, by 4.00 pm on 20 May 2008, the applicant pays to the respondent $8,000 in respect of its costs thrown away by reason of the adjournment sought and granted on 28 March 2008 and by reason of the applicant's failure to appear on 3 April 2008, the orders made herein by Tracey J on 3 April 2008 be set aside. 2. The applicant's notice of motion dated 10 April 2008 otherwise be dismissed. 3. If, by operation of order 1, the orders made on 3 April 2008 are set aside, the applicant pay the respondent its costs thrown away on the adjournment and incurred by reason of the applicant's failure to appear less any costs paid pursuant to order 1. 4. If, by operation of order 1, the orders made on 3 April 2008 are set aside, the hearing of the applicant's notices of motion dated 13, 14 and 19 March 2008 be fixed for 16 June 2008. 5. The applicant pay the respondent's taxed costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.