Federal Court of Australia
Federal Court of Australia
Sunshine Energy Australia Pty Ltd v Youssef [2023] FCA 189 File number: QUD 183 of 2022
Judgment of: SARAH C DERRINGTON J
Date of judgment: 9 March 2023
Catchwords: CORPORATIONS – application for dismissal of proceedings pursuant to s 56(4) of the Federal Court of Australia Act 1976 (Cth) and rr 5.23 and 19.01(1) of Federal Court Rules 2011 (Cth) – failure to comply with timetabling orders – failure to provide security for costs – applicants on notice of application for dismissal – inadequate explanation for non-payment – proceeding dismissed
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth), ss 37M and 37N, 56(4) Federal Court Rules 2011 (Cth), rr 5.32, 19.01(1)
Cases cited: Austcorp Project No. 20 Pty Limited v The Trust Co (PTAL) Limited, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (in liq) [2015] FCA 850 Billinudgel Pastoral Co Pty Ltd v Westpac Banking Corporation & Ors [1998] FCA 278 Bell Wholesale Co Ltd v Gates Export Corporation [1984] FCA 29; 2 FCR 1 Cosdean Investments Pty Ltd v Football Federation Australia Limited (No 3) [2007] FCA 766 Idoport Pty Limited v National Australia Bank Limited [2002] NSWSC 18 Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWCA 271 Jalpalm Pty Ltd v Hamilton Island Enterprises Pty Ltd & Anor [1995] FCA 162; 16 ACSR 532 Ketteman v Hansel Properties Ltd [1987] AC 189 Manhattan (Asia) Limited v Dymocks Franchise Systems (China) Limited (No 2) [2016] FCA 1323 Mecrus Pty Ltd v Industrial Energy Pty Ltd [2015] FCA 103; 327 ALR 523 Microbio Resources Inc v Betatene Ltd [1993] FCA 848 Microbio Resources Inc v Betatene Ltd [1992] FCA 503
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