Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Akibou Yacouba v Eurocars (Wholesale) Pty Ltd [2020] FCA 317 File number: WAD 128 of 2019
Judge: JACKSON J
Date of judgment: 11 March 2020
Catchwords: PRACTICE AND PROCEDURE - application for dismissal - history of non-compliance with orders of the court - want of prosecution - discretion to dismiss proceedings - real question to be tried on merits - explanation given for delay - delay not established to be deliberate - application dismissed
Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH ,46PO, 49B Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Racial Discrimination Act 1975 (Cth) ss 9, 18C Federal Court Rules 2011 (Cth) rr 5.22, 5.23
Cases cited: ACOHS Pty Ltd v Ucorp Pty Ltd [2009] FCA 577 Black & Decker (Australasia) Pty Ltd v GMCA Pty Ltd [2007] FCA 1623 Geneva Laboratories Ltd v Prestige Premium Deals Pty Ltd (No 4) [2016] FCA 867; (2016) 120 IPR 133 Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 McLeod v Power [2003] FMCA 2; (2003) 173 FLR 31 Professional Administration Service Centres Pty Ltd v Commissioner of Taxation [2012] FCAFC 180; (2012) 295 ALR 52 Sidhu v Raptis [2012] FMCA 338
Date of hearing: 9 March 2020
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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