FEDERAL COURT OF AUSTRALIA Heard v CBFC Limited (No 3) [2009] FCA 318 RUSSELL JOHN HEARD v CBFC LIMITED (ACN 008 519 462) VID 655 of 2008 NORTH J 30 MARCH 2009 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VID 655 of 2008 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: RUSSELL JOHN HEARD Appellant AND: CBFC LIMITED (ACN 008 519 462) Respondent JUDGE: NORTH J DATE OF ORDER: 30 MARCH 2009 WHERE MADE: MELBOURNE THE COURT ORDERS THAT: 1. The motion, notice of which was filed by the applicant on 30 December 2008, be dismissed. 2. The applicant is to pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VID 655 of 2008 ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA BETWEEN: RUSSELL JOHN HEARD Appellant AND: CBFC LIMITED (ACN 008 519 462) Respondent JUDGE: NORTH J DATE: 30 MARCH 2009 PLACE: MELBOURNE REASONS FOR JUDGMENT 1 Before the Court is a motion, notice of which was given by the appellant on 30 December 2008, seeking reinstatement of his appeal which had been dismissed on 8 December 2008 for non-appearance. 2 The appellant failed to originally appear on 2 March 2009 to pursue the motion for reinstatement. On that day, the motion was adjourned until today, 30 March 2009. 3 The appellant has yet again failed to appear to pursue the motion for reinstatement. On the basis of his failure to appear, the motion for reinstatement is dismissed. In the circumstances, it is unnecessary to deal with the respondent's motion filed on 20 February 2009 seeking that the appeal be dismissed as incompetent. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. Associate: Dated: 30 March 2009 Counsel for the Appellant: The appellant did not appear Solicitor for the Respondent: Ms A Koumides of Gadens Lawyers Date of Hearing: 30 March 2009 Date of Judgment: 30 March 2009