Murabito v Westview Frames and Trusses (NSW) Pty Ltd [2024] FCA 1385

Federal Court of Australia

Murabito v Westview Frames and Trusses (NSW) Pty Ltd [2024] FCA 1385 Appeal from: Westview Frames and Trusses (NSW) Pty Ltd v Murabito [2022] FedCFamC2G 897

File number(s): NSD 1031 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 5 December 2024

Catchwords: PRACTICE AND PROCEDURE – application to dismiss appeal for want of prosecution and/or failure to comply with directions of the Court – where appellant has repeatedly failed to comply with the timetable entered by the Court, including where extensions in favour of the appellant had been granted – where appellant has failed to attend before a Registrar to settle appeal books – whether to dismiss the appeal under s 25(2B) of the Federal Court of Australia Act 1976 (Cth) – Held: Application granted, appeal dismissed.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(2B), 37M, 37N Federal Court of Australia Rules 2011 (Cth) rr 1.34, 5.23, 36.11, 36.74 Federal Court Rules 1967 (Cth) O 10 r 7

Cases cited: Eep18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 793 Lenijamar Pty Ltd v AGC (Advances) Ltd [1990] FCA 745; 27 FCR 388 Nandutu v Chapman (No 2) [2021] FCA 45 Nepal v Minister for Immigration and Border Protection [2015] FCA 366 Van Reesema v Giameos (1979) 27 ALR 525 Wade v AMI Australia Holdings Pty Ltd [2010] FCAFC 120; 274 ALR 431 Westview Frames and Trusses (NSW) Pty Ltd v Murabito [2022] FedCFamC2G 897 Winn v Yeo as former trustee of the estate of Goodwin (a bankrupt) [2020] FCA 552