Collins, Edwin Kerry v Update Marketing Pty Ltd & Anor [1987] FCA 440

"440 s/

CATCHWORDS

PRACTICE - application of State legislation by Federal Court

s.79 Judiciary Act - s.371(2) Companies (Queensland) Code leave of Supreme Court required before continuation

proceedings in Federal Court.

Judiciary Act 1903 (Cth.) s.79 Companies Companies (Queensland) Code s.371(2)

Edwin Kerry Collins

v. Update Marketing Pty. Ltd. & Anor. Qld G26 of 1987

PINCUS J. BRISBANE 19 AUGUST 1987

C AiSC 1937

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IN_THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G26 of 1987

GENERAL DIVISTON )

BETWEEN: EDWIN KERRY COLLINS Applicant

AND: UPDATE MARKETING PTY. LTD. First Respondent

AND: ARTHUR JOHN THOMAS HIVON

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 19 AUGUST 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The application for judgment be adjourned to a date to be fixed by the Registrar.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN _THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G26 of 1987 GENERAL DIVISION )

BETWEEN: EDWIN KERRY COLLINS Applicant

AND: UPDATE MARKETING PTY. LTD.

First Respondent

AND: ARTHUR JOHN THOMAS HIVON

Second Respondent

PINCUS J. 19 AUGUST 1987

REASONS FOR JUDGMENT

This is an application for judgment in default of defence. The applicant has brought proceedings against two respondents, the first of which is a company which has recently been placed in liquidation. Prior to that it had made default in filing its defence, and Mr. Galloway of counsel has appeared to