Red Lea Chickens P/L v. Kapos, T. & Anor [1994] FCA 964

JUDGMENT No. on20 tp 24

NOT FOR DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) ) No NG 464 of 1993 GENERAL DIVISION ) BETWEEN:

RED LEA CHICKENS PTY LIMITED (ACN: 002 156 569) Applicant

AND:

THEO KAPOS First Respondent

CHRISANTHI KAPOS Second Respondent

CORAM: Lindgren J PLACE: Sydney DATE: 21 November 1994 MINUTES OF ORDERS 13 DEC 1994 FEDERAL COURT OF AUSTRALIA PRINCIPAL THE COURT ORDERS THAT:

1. There be judgment for the applicant against both

respondents in the sum of $194,411.75.

2. There be judgment for the applicant against the first

respondent in the sum of $354,391.37.

3. The respondents pay the applicant's costs.

NOTE: Settlement and entry of orders is dealt with in

Order 36 of the Federal Court Rules.

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) ) No NG 464 of 1993 GENERAL DIVISION )

BETWEEN:

RED LEA CHICKENS PTY LIMITED (ACN: 002 156 569) Applicant

AND:

THEO KAPOS First Respondent

CHRISANTHI KAPOS Second Respondent

CORAM: Lindgren J

PLACE: Sydney

DATE: 21 November 1994 REASONS FOR JUDGMENT

In this matter the applicant seeks judgment against the respondents who were, at all relevant times, directors of a company named Tasty Chickens Pty Limited (to which I shall refer as "the Company") on a cause of action provided for in s 592 of the Corporations Law ("the Law"). The respondents were previously represented in these proceedings by Messrs White Murray and Carew, but a notice of ceasing to act was filed on

18 November 1994.

The proceedings were fixed for hearing today, Monday, 21 November 1994 at 10.15am. The respondents' names were called

outside the Court and neither the respondents nor anyone on

their behalf appeared. Apparently they have consulted another solicitor, who advised the solicitor for the applicant that neither he nor the respondents would be appearing, and that they were aware that the case was for hearing today and would