Grey v Mango Pre Paid Calling Cards Pty Ltd [2005] FCA 362

FEDERAL COURT OF AUSTRALIA

Grey v Mango Pre Paid Calling Cards Pty Ltd [2005] FCA 362 Federal Court of Australia Act 1976 (Cth), s 43(2)

Donald Campbell & Co Ltd v Pollack [1927] AC 732 cited Ruddock v Vadarlis (2001) 115 FCR 229 cited Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129 cited Hifu Electronics Pty Ltd v Fujian Pacific Pty Ltd [1998] FCA 1730 cited JOHN GREY, ANGELA GREY, JEREMY GREY and LINDA GREY v MANGO PRE PAID CALLING CARDS PTY LTD, SUSAN VIAL, NICHOLAS RHODIN and FRANKLYN ERNEST YATES WAD 31 of 2004 NICHOLSON J 6 APRIL 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 31 OF 2004

BETWEEN: JOHN GREY, ANGELA GREY, JEREMY GREY AND LINDA GREY

APPLICANTS

AND: MANGO PRE PAID CALLING CARDS PTY LTD (ACN 104 386 932)

FIRST RESPONDENT

SUSAN VIAL

SECOND RESPONDENT

NICHOLAS RHODIN

THIRD RESPONDENT

FRANKLYN ERNEST YATES

FOURTH RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 6 APRIL 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The first respondent pay the applicants' costs up to the hearing of the application to set aside the judgment in default. 2. The applicants pay the first respondent's costs of the application to set aside the default judgment including the hearing of 22 July 2004 and subsequently to the date of judgment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 31 OF 2004

BETWEEN: JOHN GREY, ANGELA GREY, JEREMY GREY AND LINDA GREY

APPLICANT

AND: MANGO PRE PAID CALLING CARDS PTY LTD