Malecki v Macko (No 2) [2024] FCA 82

Federal Court of Australia

Malecki v Macko (No 2) [2024] FCA 82 File number: SAD 142 of 2021

Judgment of: BESANKO J

Date of judgment: 15 February 2024

Catchwords: PRACTICE AND PROCEDURE — application by the respondents for an order dismissing the proceeding under rr 5.23(1)(b), 5.22(c) and (d) of the Federal Court Rules 2011 (Cth) — where the first applicant failed to attend hearings and is in default — where the first applicant failed to prosecute the proceeding with due diligence — held an order for the dismissal of the proceeding should be made

Legislation: Bankruptcy Act 1966 (Cth) s 116 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 2.16, 5.22, 5.23, 8.01, 11.01, 11.09, 16.21

Cases cited: Malecki v Macko [2022] FCA 766

Division: General Division

Registry: South Australia

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 33

Date of last submissions: 25 September 2022

Date of hearing: 16 September 2022

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondents: Ms T Flaherty

Solicitor for the Respondents: WRP Legal & Advisory

ORDERS SAD 142 of 2021

BETWEEN: ANDREW MALECKI Applicant

AND: CHRISTOPHER EDWARD MACKO First Respondent

MACKO CORPORATION PTY LTD (ACN 163 659 925) IN ITS OWN RIGHT AND AS TRUSTEE FOR THE MACKO CORPORATION TRUST Second Respondent

order made by: BESANKO J DATE OF ORDER: 15 February 2024

THE COURT ORDERS THAT:

1. The proceeding dated 21 July 2021 be dismissed pursuant to rr 5.23(1)(b), 5.22(c) and (d) of the Federal Court Rules 2011 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.