Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 4) [2010] FCA 192

FEDERAL COURT OF AUSTRALIA

Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 4) [2010] FCA 192 Citation: Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 4) [2010] FCA 192

Parties: HOOP & JAVELIN HOLDINGS LIMITED (A COMPANY INCORPORATED IN MALTA) v BT PROJECTS PTY LIMITED (IN LIQUIDATION) (ACN 097 995 698), INTABILL, INC (A COMPANY INCORPORATED IN THE BRITISH VIRGIN ISLANDS), DANIEL KIM TZVETKOFF and SALVATORE SCIACCA

File number: NSD 597 of 2009

Judge: LOGAN J

Date of judgment: 23 February 2010

Legislation: Federal Court Rules O 35A r 3(2), O 35A r (3)(2)(b), O 35A r 3(3)

Date of hearing: 23 February 2010

Place: Brisbane

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 5

Solicitor for the Applicant: Norton Rose

Solicitor for the Respondents: No appearance by the Respondents

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION NSD 597 of 2009

BETWEEN: HOOP & JAVELIN HOLDINGS LIMITED (A COMPANY INCORPORATED IN MALTA)

Applicant

AND: BT PROJECTS PTY LIMITED (IN LIQUIDATION) (ACN 097 995 698)

First Respondent

INTABILL, INC (A COMPANY INCORPORATED IN THE BRITISH VIRGIN ISLANDS)

Second Respondent

DANIEL KIM TZVETKOFF

Third Respondent

SALVATORE SCIACCA

Fourth Respondent

JUDGE: LOGAN J

DATE OF ORDER: 23 FEBRUARY 2010

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The orders made in paragraph 1 of the order of 12 February 2010 are vacated. 2. In lieu thereof, leave is granted to the applicant to enter judgment against the second respondent for the debt, liquidated damages and interest. 3. Leave is separately granted to the applicant to enter judgment against the second respondent for costs including costs of and incidental to the default judgment application and of today's application for variation of the orders, to be taxed.