Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Webb v Gwenian Pty Limited [2012] FCA 624 Citation: Webb v Gwenian Pty Limited [2012] FCA 624
Parties: BENJAMIN MICHAEL WEBB v GWENIAN PTY LIMITED T/AS CLARKE RUBBER DUBBO ACN 092 677 042
File number: NSD 2309 of 2011
Judge: EMMETT J
Date of judgment: 18 April 2012
Legislation: Federal Court Rules 2011 r 36.11
Date of hearing: 18 April 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 1
Counsel for the appellant: The appellant did not appear
Solicitor for the respondent: K McLean of McLean & Associates
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2309 of 2011
BETWEEN: BENJAMIN MICHAEL WEBB
Appellant
AND: GWENIAN PTY LIMITED T/AS CLARKE RUBBER DUBBO ACN 092 677 042
Respondent
JUDGE: EMMETT J DATE OF ORDER: 18 APRIL 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal and of the interlocutory application of 5 April 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2309 of 2011
BETWEEN: BENJAMIN MICHAEL WEBB
Appellant
AND: GWENIAN PTY LIMITED T/AS CLARKE RUBBER DUBBO ACN 092 677 042
Respondent
JUDGE: EMMETT J DATE: 18 APRIL 2012 PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By interlocutory application dated 5 April 2012, the respondent has sought an order, under rule 36.11 of the Federal Court Rules 2011, that the appeal be dismissed for want of prosecution, and, in the alternative, under rule 36.11, that the appeal be dismissed by reason of the appellant's failure to comply with directions made by the Court on 8 February 2012. The interlocutory application was made returnable for hearing today. When the matter was called on this morning, there was no appearance for the appellant. In all of the circumstances, I consider that it is appropriate to accede to the respondent's interlocutory application. Accordingly, I propose to order that the appeal be dismissed with costs. I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett.
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