Federal Court of Australia
Federal Court of Australia
Nandutu v Chapman (No 2) [2021] FCA 45 Appeal from: Nandutu v Chapman (No.2) [2019] FCCA 3718
File number: NSD 2104 of 2019
Judgment of: STEWART J
Date of judgment: 29 January 2021
Date of publication of reasons: 1 February 2021
Catchwords: PRACTICE AND PROCEDURE – application to dismiss appeal for want of prosecution pursuant to r 36.74(1)(d) of the Federal Court Rules 2011 (Cth) – in the alternative, application to dismiss appeal for failure to appear at a related hearing pursuant to 25(2B)(bb)(ii) of the Federal Court Act 1976 (Cth) – where appellant failed to comply with directions or orders of the Court, failed to appear at hearings of the Court, failed to file or serve affidavit evidence and failed to communicate to the respondent or the Court her intentions with regard to the appeal – where appeal does not on the face of it have any merit – whether further delay would increase the prejudice to the respondent – appeal dismissed
Legislation: Federal Circuit Court of Australia Act 1999 (Cth) s 88Q(2) Federal Court of Australia Act 1976 (Cth) ss 25(2B), 37M(1), 37N(1) Federal Court Rules 2011 (Cth) rr 1.34, 35.33(2), 36.74
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Hoefler v Tomlinson (1995) 60 FCR 452 Nandutu v Chapman [2020] FCA 1798 Van Reesema v Giameos (1979) 27 ALR 525 Wade v AMI Australia Holdings Pty Ltd [2010] FCAFC 120; 274 ALR 431
Division: General Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate