Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Chan v State of New South Wales [2011] FCA 287 Citation: Chan v State of New South Wales [2011] FCA 287
Parties: YAU HANG CHAN v STATE OF NEW SOUTH WALES
File number: NSD 548 of 2010
Judge: PERRAM J
Date of judgment: 25 March 2011
Catchwords: PRACTICE AND PROCEDURE – summary dismissal – failure to comply with orders of Court – self-executing order
Legislation: Civil Procedure Act 2005 (NSW) s18 Civil Procedure Regulation 2005 (NSW) Schedule 1 Federal Court Rules High Court Rules
Date of hearing: 25 March 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr J Kirk
Solicitor for the Respondent: Crown Solicitors Office
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 548 of 2010
BETWEEN: YAU HANG CHAN
Applicant
AND: STATE OF NEW SOUTH WALES
Respondent
JUDGE: PERRAM J DATE OF ORDER: 25 MARCH 2011 WHERE MADE: SYDNEY
THE COURT DIRECTS:
1. The Registrar to draw up a minute of order and place it on the Court file recording that these proceedings were dismissed on 30 August 2010 by reason of the applicant's failure to file a Statement of Claim. 2. The Registrar to record on the same minute that the purported Statement of Claim document filed on 30 August 2010 is not a Statement of Claim. 3. The Taxing Officer that the costs of 25 March 2011 are costs properly incurred in the course of the proceedings.
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