Federal Court of Australia
Federal Court of Australia
Fensom v Jake Ryan Media Group Pty Ltd (No 2) [2024] FCA 470 File number: VID 780 of 2021
Judgment of: ROFE J
Date of judgment: 6 May 2024
Catchwords: PRACTICE AND PROCEDURE – self-executing order dismissing the proceeding – continued non-compliance with Court timetabling orders by the applicants – where the Court is satisfied in the circumstances that a self-executing order is appropriate
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 31
Date of hearing: Determined on the papers
Solicitor for the Applicants: Walters & Associates
Solicitor for the Respondents: The respondents were self-represented by the second respondent
ORDERS VID 780 of 2021
BETWEEN: MAXINE ELIZABETH FENSOM First Applicant
FORTYFIFTH SHERLOCK PTY LTD (ACN 006 559 931) Second Applicant
AND: JAKE RYAN MEDIA PTY LTD (ACN 640 980 712) First Respondent
GEOFFREY KENNETH WILLIAMS Second Respondent
order made by: ROFE J DATE OF ORDER: 6 MAY 2024
THE COURT ORDERS THAT:
1. The applicants to pay the respondents' costs of this proceeding, to be taxed by a Registrar if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ROFE J: 1 On 5 April 2024, I made the following orders: THE COURT NOTES THAT: A. Evidence in this matter will be by affidavit in an admissible form. THE COURT ORDERS THAT: 1. The time for compliance with order 2 of the Court's orders made on 14 March 2024 [requiring the applicants to file their evidence] be extended to 4.00 pm on 3 May 2024. 2. In the event the applicants fail strictly to comply with order 1 above in the time specified by these orders then, pursuant to s 37P of the Federal Court of Australia Act 1976 (Cth) and r 5.21 of the Federal Court Rules 2011 (Cth), the proceeding be dismissed. 3. Order 10 of the Court's orders made on 21 November 2023 be vacated. 4. This matter be listed for a further case management hearing at 9.30 am on 10 May 2024, to be conducted by Microsoft Teams. 2 The applicants failed to comply with order 1 requiring that the applicants file their evidence by affidavit in an admissible form by 4.00 pm on 3 May 2024. Accordingly, pursuant to the self-executing order in order 2, the proceeding was dismissed at 4.01 pm on 3 May 2024. 3 These are my reasons to explain why I consider that making the self-executing order was appropriate.
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