Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ellis v Junction Group Pty Ltd trading as V Burger Bar [2018] FCA 338 Appeal from: Ellis v Junction Group Pty Ltd Trading As V Burger Bar [2017] FCCA 1045
File number: WAD 234 of 2017
Judge: MCKERRACHER J
Date of judgment: 15 March 2018
Catchwords: PRACTICE AND PROCEDURE – appeal from the Federal Circuit Court – where primary judge dismissed the proceeding for non-appearance at hearing – where no application made to have the decision of the primary judge set aside – application by respondent for summary judgment – no prospects of success
Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2B)(aa) Federal Circuit Court Rules 2001 (Cth) rr 13.03C(1)(c), 16.05 Federal Court Rules 2011 (Cth) r 36.11(2)(e)
Date of hearing: 27 October 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Dr KJ O'Toole with Ms E Oprandi
Solicitor for the Respondent: James Chong Lawyers
ORDERS WAD 234 of 2017
BETWEEN: TROY ELLIS Appellant
AND: JUNCTION GROUP PTY LTD TRADING AS V BURGER BAR Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 15 MARCH 2018
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant to pay the costs of the respondent, to be assessed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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