Australian Access Capital Company Pty Ltd v Orio Mortgage Finance Company Pty Ltd [2016] FCA 534

FEDERAL COURT OF AUSTRALIA

Australian Access Capital Company Pty Ltd v Orio Mortgage Finance Company Pty Ltd [2016] FCA 534 File number: VID 1 of 2015

Judge: MURPHY J

Date of judgment: 16 May 2016

Catchwords: PRACTICE AND PROCEDURE – failure to meet time limits in self-executing order – failure to meet time limits in stay of judgments and orders – refusal to adjourn application to set aside judgments and orders – judgments and orders stand

Date of hearing: 12 May 2016

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 24

Counsel for the Applicants: Mr R Shepherd

Solicitor for the Applicants: Mason Sier Turnbull

Counsel for the Respondents: The Respondents did not appear

ORDERS VID 1 of 2015

BETWEEN: AUSTRALIAN ACCESS CAPITAL COMPANY PTY LTD First Applicant

GLADYS LIU Second Applicant

AND: ORIO MORTGAGE FINANCE COMPANY PTY LTD First Respondent

ORIO HOLDINGS PTY LTD Second Respondent

SPIROS PSEVDOS Third Respondent

JUDGE: MURPHY J DATE OF ORDER: 12 MAY 2016

THE COURT ORDERS THAT:

1. The Respondents' interlocutory application dated 15 April 2016 is dismissed. 2. The Respondents pay the Applicants' costs thrown away of the interlocutory application to set aside judgment, including the costs of today, fixed in the sum of $8,905. 3. Parts of paragraphs 14, 16 and 20 of the reasons for judgment herein, which relate to medical conditions suffered by the Third Respondent, be redacted and suppressed from publication. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.