Moss v Aquisite Pty Ltd [2024] FCA 455

Federal Court of Australia

Moss v Aquisite Pty Ltd [2024] FCA 455 Appeal from: Aquisite Pty Ltd v Moss [2023] FCA 410

File number(s): VID 398 of 2023

Judgment of: O'CALLAGHAN J

Date of judgment: 2 May 2024

Date of publication of reasons: 3 May 2024

Catchwords: PRACTICE AND PROCEDURE – application to dismiss appeal for want of prosecution and failure to comply with directions – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2B), 25(2B)(ba), 25(2B)(bb)(i), 37M Federal Court Rules 2011 (Cth) rr 36.11(2), 36.11(2)(h), 36.11(2)(j)(i), 36.74, 36.74(1)(a), 36.74(1)(d), 36.74(2)

Cases cited: Khera v Jones [2008] FCA 548 Lenijamar Pty Ltd v AGC (Advances) Ltd (1990) 27 FCR 388 Sali v SPC Ltd (1993) 67 ALJR 841; [1993] HCA 47 Van Reesema v Giameos (1979) 27 ALR 525

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 50

Date of hearing: 2 May 2024

Counsel for the Appellant: B J Murphy

Solicitor for the Appellant: Bancroft Lawyers

Counsel for the Respondent: S J Maiden KC with L H O'Rorke

Solicitor for the Respondent: Aitken Partners

ORDERS VID 398 of 2023

BETWEEN: PAUL ROBERT MOSS Appellant

AND: AQUISITE PTY LTD Respondent

order made by: O'CALLAGHAN J DATE OF ORDER: 2 MAY 2024

THE COURT ORDERS THAT:

1. The respondent be granted leave to amend its interlocutory application dated 19 April 2024 by adding "and section 25(2B)(bb)(i)" to paragraph 1 between the words "section 25(2B)(ba)" and "of the Federal Court Act 1976 (Cth)". 2. The appeal be dismissed pursuant to sections 25(2B)(ba) and 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth). 3. The assessment of the respondent's costs of the appeal be referred to a Registrar of this court for determination. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.