Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
3D Funtimes Limited v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407 Citation: 3D Funtimes Limited v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407
Parties: 3D FUNTIMES LIMITED (ACN 118 965 932) v INTELLEC DEVELOPMENT GROUP PTY LTD (ACN 102 696 695)
File number: WAD 348 of 2010
Judge: SIOPIS J
Date of judgment: 21 April 2011
Catchwords: PRACTICE AND PROCEDURE – summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) granted in favour of the applicant in the absence of the respondent – whether orders should be set aside under O 35 r 7(2)(a) of the Federal Court Rules – whether the evidence disclosed a defence of sufficient merit to warrant setting aside the orders and permitting the matter to go to trial.
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Sale of Goods Act 1895 (WA) s 40(1) Federal Court Rules O 35 r 7(2)(a)
Cases cited: 3D Funtimes Limited v Intellec Development Group Pty Ltd [2011] FCA 45 Kostokanellis v Allen [1974] VR 596
Date of hearing: 7 April 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 41
Counsel for the Applicant: Mr D Thompson
Solicitor for the Applicant: Mr D Thompson
Counsel for the Respondent: Mr AJ Goldfinch
Solicitor for the Respondent: Stables Scott
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 348 of 2010
BETWEEN: 3D FUNTIMES LIMITED (ACN 118 965 932)
Applicant
AND: INTELLEC DEVELOPMENT GROUP PTY LTD (ACN 102 696 695)
Respondent
JUDGE: SIOPIS J DATE OF ORDER: 21 APRIL 2011 WHERE MADE: PERTH
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