Avant-Garde Logistics Solutions Pty Ltd v Productreview.com.au Pty Ltd [2022] FCA 484

Federal Court of Australia

Avant-Garde Logistics Solutions Pty Ltd v Productreview.com.au Pty Ltd [2022] FCA 484 File number: VID 194 of 2021

Judgment of: SNADEN J

Date of judgment: 27 April 2022

Date of publication of reasons: 2 May 2022

Catchwords: PRACTICE AND PROCEDURE – proceeding dismissed upon applicant's failure to comply with self-executing orders – interlocutory application filed prior to the proceeding's dismissal – applicant pressed interlocutory application – relief sought in interlocutory application inutile or inappropriate – interlocutory application dismissed

Legislation: Federal Court Rules 2011 (Cth) rr 5.21 and 5.32

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 14

Date of hearing: 27 April 2022

Solicitor for the Applicant: Mr L Sinclair, Erudite Legal appeared with leave of the court

Counsel for the Respondent: Mr D Reynolds

Solicitor for the Respondent: Addisons

ORDERS VID 194 of 2021

BETWEEN: AVANT-GARDE LOGISTICS SOLUTIONS PTY LTD Applicant

AND: PRODUCTREVIEW.COM.AU PTY LTD Respondent

order made by: SNADEN J DATE OF ORDER: 27 APRIL 2022

THE COURT ORDERS THAT:

1. The applicant's interlocutory application of 18 February 2022 be dismissed. 2. The applicant shall pay the respondent's costs of and associated with that interlocutory application in the sum of $3,000.00. 3. The applicant shall pay the respondent's costs of and associated with the matter (except insofar as concerns aspects of it that are separately the subject of existing costs orders, which shall remain binding); and shall do so in a sum to be assessed in default of agreement in accordance with the court's costs practice note (GPN-Costs). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.