Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carey v Freehills [2014] FCA 788 Citation: Carey v Freehills [2014] FCA 788
Appeal from: Carey v Freehills [2013] FCA 954
Parties: NORMAN PHILLIP CAREY and others named in the attached schedule v FREEHILLS
File number: VID 1350 of 2013
Judge: WHITE J
Date of judgment: 31 July 2014
Catchwords: PRACTICE AND PROCEDURE – application to set aside dismissal of appeal – appeal dismissed for want of prosecution and failure to comply with direction of the Court – principles relevant to power to set aside dismissal – whether adequate explanation provided for procedural defaults – utility in setting aside dismissal
Legislation: Federal Court Rules 2011 (Cth) rr 1.61, 17.01, 36.03, 36.09, 36.53, 36.74 Federal Court of Australia Act 1976 (Cth) ss 25, 37M, 37N, 56
Cases cited: Billinudgel Pastoral Co Pty Ltd v Westpac Banking Corporation (Unreported, Federal Court of Australia, Cooper J, 27 March 1998) Bishopsgate Insurance Australia Ltd (in liq) v Deloitte Haskins and Sells [1999] 3 VR 863 Cosdean Investments Pty Ltd v Football Federation Australia Ltd (No 3) [2007] FCA 766 Dye v Commonwealth Securities Ltd [2012] FCA 992 Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWSC 18 Microbio Resources Inc v Betatene Ltd (Unreported, Federal Court of Australia, Black CJ, Sheppard and Einfeld JJ, 8 October 1993) Pannu v Minister for Immigration and Citizenship (No 2) [2013] FCA 1406 SZCOZ v Minister for Immigration and Citizenship [2007] FCA 641 SZCZF v Minister for Immigration and Citizenship [2009] FCA 208 SZISM v Minister for Immigration and Citizenship [2007] FCAFC 61; (2007) 158 FCR 292
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