Lu v University of New South Wales (No 2) [2023] FCA 318

Federal Court of Australia

Lu v University of New South Wales (No 2) [2023] FCA 318 Appeal from: Lu v University of New South Wales [2022] FCA 588

File number(s): SAD 158 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 15 March 2023

Date of publication of reasons: 6 April 2023

Catchwords: PRACTICE AND PROCEDURE – non-compliance with Court's orders – where appellant failed to serve respondent with notice of appeal despite being given multiple opportunities to do so – dismissal under s 25(2B)(bb)(i) and ss 37P(5) and (6)(a) of the Federal Court of Australia Act 1976 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth), ss 25(2B)(bb)(i), 37P(5) and (6)

Division: General Division

Registry: South Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 10

Date of hearing: 15 March 2023

Counsel for the Appellant: There being no appearance

Solicitor for the Respondent: Mr J Mattson for Bartier Perry Pty Limited

ORDERS SAD 158 of 2022

BETWEEN: MIN LU Appellant

AND: UNIVERSITY OF NEW SOUTH WALES Respondent

order made by: O'SULLIVAN J DATE OF ORDER: 15 MARCH 2023

THE COURT ORDERS THAT:

1. Pursuant to s 25(2B)(bb)(i) and ss 37P(5) and (6)(a) of the Federal Court of Australia Act 1976 (Cth), the matter is dismissed for non-compliance with the Court's orders. 2. The appellant is to pay the respondent's costs of and incidental to the proceedings on a lump sum basis with such lump sum to be fixed by a Registrar of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.