Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Finch v The Heat Group Pty Ltd (No 3) [2015] FCA 1084 Citation: Finch v The Heat Group Pty Ltd (No 3) [2015] FCA 1084
Parties: JO-ANNE FINCH v THE HEAT GROUP PTY LTD (ACN 092 941 430), GILLIAN FRANKLIN, PETER KADLECIK, ADAM WHITE, JOHN SIMCOCKS and DARREN SCOTTI
File number: VID 704 of 2012
Judge: JESSUP J
Date of judgment: 9 October 2015
Catchwords: PRACTICE AND PROCEDURE – Application for reinstatement of a proceeding – Proceeding dismissed by self-executing order – Proceeding reinstated
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Date of hearing: 18 August 2015
Date of last submissions: 1 September 2015
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondents: M Felman
Solicitor for the Respondents: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 704 of 2012
BETWEEN: JO-ANNE FINCH
Applicant
AND: THE HEAT GROUP PTY LTD (ACN 092 941 430)
First Respondent
GILLIAN FRANKLIN
Second Respondent
PETER KADLECIK
Third Respondent
ADAM WHITE
Fourth Respondent
JOHN SIMCOCKS
Fifth Respondent
DARREN SCOTTI
Sixth Respondent
JUDGE: JESSUP J DATE OF ORDER: 9 OCTOBER 2015 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Notwithstanding the operation of Order 3 made on 5 February 2015 by the determination of the applicant's application for leave to appeal on 5 May 2015, the proceeding be reinstated nunc pro tunc. 2. The time within which the applicant was to make the application referred to in Order 2 made on 5 February 2015 be extended to 19 April 2015. 3. The applicant's Interlocutory Application of 19 April 2015 be accepted as a sufficient application for the purposes of Order 2 made on 5 February 2015. 4. The stay for which Order 1 made on 5 February 2015 provided be lifted. 5. The claims made in paras 1 and 2 of the applicant's Interlocutory Application filed on 19 April 2015 otherwise be rejected. 6. The applicant pay the respondents' costs. 7. The proceeding be listed for case management at 9:30 am on 6 November 2015. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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