Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Technology Leasing Limited v TMAC Pty Ltd [2011] FCA 239 Citation: Technology Leasing Limited v TMAC Pty Ltd [2011] FCA 239
Parties: TECHNOLOGY LEASING LIMITED (ACN 071 702 264) v TMAC PTY LTD(ACN 093 834 023) TRADING AS NORTHSTAR PROPERTY SERVICES TECHNOLOGY LEASING LIMITED, DIVVIE ENTERPRISES PTY LTD(ACN 118 973 943) TRADING AS THE OUTDOOR FURNITURE SPECIALISTS TWEED HEADS, VALENTINA RURAL DEVELOPMENTS PTY LTD (ACN 093 041 067), TREVOR DAVID MCGRATH, CHRISTOPHER MARK BOWES, RAYMOND JOHN DIVERTIE, MARK ALIPRANDI, THOMAS DAVID FORD, BOWER FINANCE PTY LIMITED(ACN 104 375 715) and DAVID BEAT
File number: NSD 163 of 2010
Judge: COWDROY J
Date of judgment: 18 March 2011
Catchwords: PRACTICE AND PROCEDURE – Application for default judgment pursuant to Order 35A r 3(2) – withdrawal of defence by respondents without explanation – conduct justifying an award of indemnity costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules O 35A r 3(2) Trade Practices Act 1974 (Cth)
Cases cited: Arthur v Vaupotic Investments Pty Ltd [2005] FCA 433 Australian Competition and Consumer Commission v 1Cellnet LLC [2005] FCA 856 AWA Ltd v George Richard Daniels T/A Deloitte Haskins and Sells (unreported, No 50271 of 1991, NSWSC Comm D, 8 October 1992, BC9201567) Luna Park Sydney Pty Limited (ACN 102 907 184) v Bose [2006] FCA 94
Date of hearing: 15 March 2011
Place: Sydney
Division: GENERAL DIVISION
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