Federal Court of Australia
"JUDGMENT No. Lf. 8 Tan
PRACTICE AND PROCEDURE - default judgment - default of appearance
- application as served showing directions hearing on a date of service - facility to file appearance thereafter - 0.9 r.2(2) - no appearance filed after 5 months - default of appearance - notice of motion for default judgment and supporting affidavits served -
evidence in support of motion ~ evidentiary implications of
failure to answer affidavit in support of motion - some hearsay evidence - admitted under s.79C of the Evidence Act 1906 (WA) -
application of s.79 Judiciary Act - whether business records
provisions of Evidence Act 1905 (Cwth) "otherwise provide".
Trade Practices Act 1974 s.52 Judiciary Act 1903 s.79 Evidence Act (WA) (1906)
Federal Court Rules 0.20 r.1l, 0.4 rr.8, 9, 11, 12, 0.9 r.2 0.33
Woolworths Ltd v Crotty (1942) 66 CLR 603
Warea Pty Ltd v Waterloo Industries Pty Ltd (1986) 12 FCR 146 O'Brien v Randy's Motor Wreckers Pty Ltd (unrep. 18.3.87, French J.)
Pearce v Button (1986) 8 FCR 408
Trade Practices Commission v TNT Management (Rulings) (1984) 56
ALR 647
MULTI MODAL LTD v NICHOLAS POLAKOW NO. WAG 27 of 1987
FRENCH J.
PERTH 19 NOVEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
eee we
NO. WAG 27 of 1987 BETWEEN: MULTI MODAL LTD
Applicant and
NICHOLAS POLAKOW
Respondent JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 19 November 1987 WHERE MADE: PERTH THE COURT ORDERS THAT: l. The respondent 1s to pay to the applicant the sum of : $206,590.51. 2. The respondent is to pay the applicant's costs of the action. 3. Liberty to apply in relation to the applicant's name.
Note: Settlement and entry of orders
Order 36 of the Federal Court Rules.
is dealt with in
IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION )
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