Federal Court of Australia
Federal Court of Australia
Stasiuk v Monster Energy Au Pty Ltd (No 2) [2024] FCA 237 File number: NSD 317 of 2023
Judgment of: NICHOLAS J
Date of judgment: 11 March 2024
Catchwords: PRACTICE AND PROCEDURE – application for order dismissing proceeding on account of applicant's non-compliance with orders – where applicant resident outside Australia – where continuing non-compliance with orders not explained Held: self-executing order for dismissal pursuant to r 5.21 of the Federal Court Rules 2011 (Cth) made
Legislation: Federal Court Rules 2011 (Cth) r 5.21 and r 11.01
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 17
Date of hearing: 11 March 2024
Counsel for the Applicant: The applicant appeared in person via audio-link
Counsel for the Respondents: Ms F St John
Solicitor for the Respondents: King & Wood Mallesons
ORDERS NSD 317 of 2023
BETWEEN: JOSEPH STASIUK Applicant
AND: MONSTER ENERGY AU PTY LTD (ACN 132 571 638) First Respondent
MONSTER ENERGY COMPANY Second Respondent
order made by: NICHOLAS J DATE OF ORDER: 11 March 2024
THE COURT ORDERS THAT:
1. The originating application be dismissed pursuant to r 5.21 of the Federal Court Rules 2011 (Cth) ("FCR") if within 14 days the applicant fails to: (a) provide further security for costs in the amount of $350,000 as was required by order 1 made on 5 February 2024 ("the 5 February orders"); (b) file and serve a notice of address for service in accordance with r 11.01 of the FCR as was required by order 2 of the 5 February orders; and (c) file and serve his affidavit evidence in chief in relation to infringement as was required by order 7 made on 8 August 2023. 2. The respondents' solicitors have leave to withdraw from Court the amount of $50,000 (plus interest if applicable) previously paid into Court by the applicant on account of costs incurred by the respondents to date. 3. The applicant pay the respondents' costs of the interlocutory application filed 14 February 2024. 4. Each party be granted liberty to apply on 3 days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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