Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2010] FCA 4 Citation: Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2010] FCA 4
Parties: THE SMART COMPANY PTY LTD ACN 061 975 344 v CLIPSAL AUSTRALIA PTY LTD ACN 007 873 529, CLIPSAL INTEGRATED SYSTEMS PTY LTD ACN 089 444 931 and CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD ACN 089 444 931
File number: WAD 132 of 2004
Judge: LANDER J
Date of judgment: 15 January 2010
Catchwords: PRACTICE AND PROCEDURE – respondents' application for proceeding to be dismissed or permanently stayed – Federal Court Rules O 35A r 3 – whether applicant's failure to comply with orders amounts to an order that the proceeding be dismissed or permanently stayed – proceeding has had a history of extensive delays – failure to comply with the orders not the fault of the applicant – an extension of time and possible vacation of current trial date and adjournment of proceeding would not occasion the respondents much prejudice
Legislation: Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 4 r 14, O 35A r 3, O 45 r 5
Cases cited: Aon Risk Services Australia Ltd v ANU (2009) 83 ALJR 951 distinguished Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146 cited
Date of hearing: 21 and 23 December 2009
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 73
Counsel for the Applicant: Mr S McNamara
Solicitor for the Applicant: Commercial & General Law
Counsel for the Respondents: Mr S J Doyle with Mr B J Doyle
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