Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Simjanovska v Sentumar Pty Ltd trading as Storage King Rockdale (No 2) [2017] FCA 1388 File number: NSD 496 of 2017
Judge: FARRELL J
Date of judgment: 27 November 2017
Catchwords: PRACTICE AND PROCEDURE – application to dismiss proceedings pursuant to Federal Court Rules 2011 (Cth) r 5.23 and strike out originating application under r 16.21 – where applicant failed to attend case management hearing – where applicant corresponds with Court shortly prior to case management hearing requesting adjournment and recusal for bias – where originating application has no merit – where applicant failed to amend originating application pursuant to prior grants of leave – application for dismissal granted
Legislation: Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 16.21
Cases cited: Simjanovska v Sentumar Pty Ltd trading as Storage King Rockdale [2017] FCA 736
Date of hearing: 24 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 34
Counsel for the Applicant: The Applicant did not appear
Solicitor for the Respondents Mr J Michos of JSM Lawyers and Notaries
ORDERS NSD 496 of 2017
BETWEEN: ELKA SIMJANOVSKA
Applicant
AND: SENTUMAR PTY LTD TRADING AS STORAGE KING ROCKDALE
First Respondent
THOMAS MARSHALL
Second Respondent
JUDGE: FARRELL J DATE OF ORDER: 24 november 2017
THE COURT ORDERS THAT:
1. The proceedings be dismissed under r 5.23(1)(b) of the Federal Court Rules 2011 (Cth). 2. There be no order as to costs. THE COURT NOTES THAT: 3. Although costs would otherwise normally follow from the making of Order 1, the solicitor for the respondents indicated to the Court that he would not render an account for such costs. 4. Order 2 is without prejudice to order 3 made on 17 May 2017 in relation to the interlocutory application lodged on 12 May 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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