Luna Park Sydney Pty Limited (ACN 102 907 184) v Bose [2006] FCA 94

FEDERAL COURT OF AUSTRALIA

Luna Park Sydney Pty Limited (ACN 102 907 184) v Bose [2006] FCA 94

PRACTICE AND PROCEDURE – application for default judgment – whether failure of respondents to defend the proceedings with due diligence Federal Court Rules – Order 35A Arthur v Vaupotic Investments Pty Limited [2005] FCA 433 cited Australian Competition and Consumer Commission v 1Cellnet LLC [2005] FCA 856 cited Australian Securities Commission v McLeod (1994) 54 FCR 309 referred to Commissioner of Taxation v Finn (1960) 103 CLR 165 referred to Grey v Mango Prepaid Calling Cards Pty Limited [2004] FCA 1664 referred to Wu v Avin Operations Pty Limited (ACN 076 956 913) [2006] FCA 36 distinguished Zomba Production Music v. Roadhouse Productions (2001) 190 ALR 288 referred to LUNA PARK SYDNEY PTY LIMITED (ACN 102 907 184) v ZACHARY ART BOSE AND DROP DEAD PROMOTIONS LIMITED (NZ) (NZCN 15 40 477) NSD534 OF 2005 JACOBSON J 8 FEBRUARY 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD534 of 2005

BETWEEN: LUNA PARK SYDNEY

PTY LIMITED (ACN 102 907 184)

APPLICANT

AND: ZACHARY ART BOSE AND

FIRST RESPONDENT

DROP DEAD PROMOTIONS

LIMITED (NZ) (NZCN 15 40 477)

SECOND RESPONDENT

JUDGE: JACOBSON J

DATE OF ORDER: 8 FEBRUARY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant is given leave to file a notice of motion in court, returnable instanter, pursuant to Order 19 Rule 3. 2. Default judgment is ordered, pursuant to Order 35 Rule (2)(2)(h). 3. The respondents pay the Applicant damages in the amount of AUD$125,193.95; 4. The respondents pay the applicant interest on the amount of AUD$125,193.95 at an interest rate of 10.5% per year calculated over the period from 30 September 2004 to 8 February 2006; 5. The respondents pay the applicant's costs on a party-party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.