Smart Company Pty Ltd (In Liquidation) v Clipsal Australia Pty Ltd (No 6) [2011] FCA 419 (29 April 2011)

PRACTICE AND PROCEDURE – application under O 31A of the Federal Court Act 1979 (Cth) for summary judgment or alternatively under O 35A of the Federal Court Rules to dismiss or stay the proceedings in whole or in part – whether the applicant failed to prosecute the proceedings with due diligence – whether the applicant failed to comply with an order or orders of the Court – whether the applicant’s behaviour in the proceedings means the proceedings ought to be dismissed or stayed