McGann v The Spot Realty Pty Ltd (No.2) [2010] FMCA 999 (9 December 2010)

Last Updated: 24 December 2010

FEDERAL MAGISTRATES COURT OF AUSTRALIA

McGANN v THE SPOT REALTY PTY LTD (NO.2)

[2010] FMCA 999

INDUSTRIAL LAW – Dismissal for non-appearance.

Federal Magistrates Court Rules, r.13.03C

McGann v The Spot Realty Pty Ltd [2010] FMCA 946

Applicant:

PATRICK MCGANN

Respondent:

THE SPOT REALTY PTY LTD

File Number:

SYG750 of 2010

Judgment of:

Barnes FM

Hearing date:

9 December 2010

Delivered at:

Sydney

Delivered on:

9 December 2010

REPRESENTATION

Solicitors for the Applicant:

Mr D Rutherford, Craig Lynch and Associates (No appearance)

Respondent:

No appearance

ORDERS

(1) There being no appearance by either party the application is dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules.

FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY

SYG750 of 2010

PATRICK MCGANN

Applicant

And

THE SPOT REALTY PTY LTD

Respondent

REASONS FOR JUDGMENT

(Revised from transcript)

1. The history of these proceedings, which were commenced on 7 April 2010 under the Fair Work Act 2009 (Cth), is set out in McGann v The Spot Realty Pty Ltd [2010] FMCA 946.
2. On 26 November 2010, the last occasion the matter was before the court, there was no appearance by either party and no explanation has been provided to the court for such non-appearance. Although the application could have been dismissed on that date, the matter was adjourned until 9.30 am today.
3. The solicitor for the applicant, the representative of the respondent and also the applicant himself were notified by letter of the orders made on that day at the addresses provided in connection with these proceedings. A copy of my judgment was also sent to the parties, including the solicitor for the applicant. I am satisfied the parties have been notified of the adjourned date.
4. It may be that, as was foreshadowed in correspondence with the court, the parties have been able to reach agreement in this matter although no notice of discontinuance has been filed. Were the parties self-represented their failure to appear today may be understandable. However, given the previous communication with the court by Mr Rutherford, the solicitor for the applicant, there appears to be a regrettable lack of courtesy in his failure either to appear today or to notify the court of any reason for such non-appearance. He cannot be said to be unaware of the method of contacting the court.
5. As there is no appearance by either party the matter should be dismissed pursuant to r.13.03C(1)(c) of the Federal Magistrates Court Rules..

I certify that the preceding 5Error! Style not defined.!Syntax Error, !Error! Style not defined.Error! Style not defined.!Syntax Error, !fivefive (5) paragraphs are a true copy of the reasons for judgment of Barnes FM

Date: 22 December 2010