Burke v Residential Investments Australia Pty Ltd [2009] FCA 885

FEDERAL COURT OF AUSTRALIA

Burke v Residential Investments Australia Pty Ltd [2009] FCA 885

PRACTICE AND PROCEDURE – default judgment – respondent had not entered an appearance or filed a defence – respondent in default – judgment given. Federal Court Rules O 35A r 3, O 62 r 36A DOUGLAS AND NAOMI BURKE, KOK-HOONG CHONG AND YOKE CHEE LEONG, DAVID RICHARDSON AND JANINE RICHARDSON, FIFTH GENERATION CONSULTING PTY LTD (ACN 072 389 032) and IAN STOREY v RESIDENTIAL INVESTMENTS AUSTRALIA PTY LTD (ACN 007 049 603), 122-136 MASON STREET PTY LTD (ACN 098 065 644), RIVERDALE INDUSTRIES PTY LTD (ACN 097 964 979), STEVEN MATTHEW APPERLY and LAWRENCE EDWIN BOWTELL

VID 201 of 2009

KENNY J

14 AUGUST 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 201 of 2009

GENERAL DIVISION

BETWEEN: DOUGLAS AND NAOMI BURKE

First Applicant

KOK-HOONG CHONG AND YOKE CHEE LEONG

Second Applicant

DAVID RICHARDSON AND JANINE RICHARDSON

Third Applicant

FIFTH GENERATION CONSULTING PTY LTD (ACN 072 389 032)

Fourth Applicant

IAN STOREY

Fifth Applicant

AND: RESIDENTIAL INVESTMENTS AUSTRALIA PTY LTD (ACN 007 049 603)

First Respondent

122-136 MASON STREET PTY LTD (ACN 098 065 644)

Second Respondent

RIVERDALE INDUSTRIES PTY LTD (ACN 097 964 979)

Third Respondent

STEVEN MATTHEW APPERLY

Fourth Respondent

LAWRENCE EDWIN BOWTELL

Fifth Respondent

JUDGE: KENNY J

DATE OF ORDER: 14 AUGUST 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. On or before 4 pm on 20 August 2009, the applicants file and serve: (a) proposed minutes of orders in accordance with these reasons for judgment; and (b) any affidavit evidence as to costs upon which they wish to rely. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.