Federal Court of Australia
Federal Court of Australia
Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2020] FCA 1324 File number: VID 1659 of 2018
Judgment of: ANASTASSIOU J
Date of judgment: 15 September 2020
Catchwords: PRACTICE AND PROCEDURE – application for extension of time in relation to earlier orders – power to extend time under rule 1.39 of the Federal Court Rules 2011 (Cth) – discretionary power to avoid injustice to prospective applicant – reasonable explanation for failure to comply with orders – application granted in part
Legislation: Biosecurity Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth), s 37M Federal Court Rules 2011 (Cth), rr 1.39, 39.05
Cases cited: FAI General Insurance Company Limited v Southern Cross Exploration NL (1988) 165 CLR 268 Flint v Richard Busuttil & Co Pty Ltd [2013] FCA 925 Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2019] FCA 1995 Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2020] FCA 684 Nucoorilma Clan of the Gamilaaroy Aboriginal People v NSW Minister for Land & Water Conservation [2009] FCA 1043 Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCA 573 Pro-Pac Packaging (Aust) Pty Ltd v Penn (No 2) [2020] FCA 710 Skinner v Commonwealth of Australia [2012] FCA 1194 Yum! Restaurants Australia Pty Ltd v Full Bench of Fair Work Australia (No 2) [2012] FCA 419
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