Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prosperity Group International Pty Ltd v Queensland Communication Company Pty Ltd [2009] FCA 1361
PRACTICE AND PROCEDURE — Default Judgment — Applicable principles — Circumstances warranting the exercise of the discretion Application brought as a result of non-compliance by Respondents — Repeated events of non-compliance with case directions made by judge — Whether default judgment should be entered — Case listed for mediation — Controversy in relation to the adequacy of the amended defence — Controversy in relation to the amended statement of claim — Matter adjourned pending mediation PRACTICE AND PROCEDURE — Costs — Indemnity costs — Applicable principles — Ordinary rule that costs awarded on party and party basis — Court ought not make an order on another basis unless warranted by the circumstances of the case — Circumstances warranting the exercise of the discretion — Categories not closed — Applicants have incurred avoidable costs as a result of the Respondents' events of non-compliance with interlocutory directions — Circumstances bear conclusion that Respondents unwilling or unable to accept the importance of case directions – indemnity costs ordered
Corporations Act 2001 (Cth)
Aon Risk Services Australia Ltd v Australian National University (2009) 83 ALJR 951 applied Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited PROSPERITY GROUP INTERNATIONAL PTY LTD ACN 110 539 636 and WORLDNET CORPORATION LIMITED PTY LTD ACN 113 910 124 v QUEENSLAND COMMUNICATION COMPANY PTY LTD ACN 126 049 385, CLEAR TELECOMS (AUST) PTY LTD ACN 129 296 573, AUSTRALIAN EQUIPMENT RENTALS PTY LTD ACN 126 049 376 and QUICK FUND (AUSTRALIA) PTY LTD ACN 116 768 711
QUD 32 of 2009
LOGAN J
12 NOVEMBER 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
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