Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Diesel Spa v Hwang [2005] FCA 1619
PRACTICE AND PROCEDURE – application for summary or default judgment against the eleventh respondent – failure to comply with Court orders for filing of a defence – satisfied that eleventh respondent genuinely intends to defend matter – application dismissed – expedited hearing ordered Arthur v Vaupotic Investments Pty Ltd [2005] FCA 433 cited Australian Competition and Consumer Commission v 1 CellNet LLC [2005] FCA 856 cited Australian Competition and Consumer Commission v Albert [2005] FCA 1311 cited DIESEL SPA AND ANGUS IMPORTS PTY LTD v IN BAE HWANG, DARREN GINSBERG, DIONNE SHINE AND ALBERT EZEKIEL VID 946 OF 2004 TAMBERLIN J SYDNEY 25 NOVEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY VID 946 OF 2004
BETWEEN: DIESEL SPA
FIRST APPLICANT
ANGUS IMPORTS PTY LTD (ACN 066 175 219)
SECOND APPLICANT
AND: IN BAE HWANG
SIXTH RESPONDENT
DARREN GINSBERG
NINTH RESPONDENT
DIONNE SHINE
TENTH RESPONDENT
ALBERT EZEKIEL
ELEVENTH RESPONDENT
JUDGE: TAMBERLIN
DATE OF ORDER: 31 OCTOBER 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is dismissed. 2. Costs of the application are reserved. 3. The matter, as between the applicants and the eleventh respondent, is stood over for hearing to 12.00 pm on 25 November 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY VID 946 OF 2004
BETWEEN: DIESEL SPA
FIRST APPLICANT
ANGUS IMPORTS PTY LTD (ACN 066 175 219)
SECOND APPLICANT
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