Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cafe2U Pty Limited v Bishambu Pty Ltd [2013] FCA 191 Citation: Cafe2U Pty Limited v Bishambu Pty Ltd [2013] FCA 191
Parties: CAFE2U PTY LIMITED v BISHAMBU PTY LTD, PARAS BISHAMBU and PRINCE BISHAMBU
File number: NSD 1312 of 2012
Judge: KATZMANN J
Date of judgment: 8 March 2013
Catchwords: PRACTICE & PROCEDURE – application for default judgment – operation of Federal Court Rules 1979 (Cth) r 5.23(2) – whether evidence can be admitted – whether Court can look beyond pleadings– non-compliance with Court directions and orders – failure to file addresses for service or defences filed – failure to attend hearing – entitlement to relief – damages. TRADE PRACTICES – franchise agreement – Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) cl 23 – breach of franchise agreement – termination – voluntary abandonment – fraud. DAMAGES – assessment – breach of franchise agreement.
Legislation: Corporations Act 2001 (Cth) s 109X(1) Federal Court of Australia Act 1976 (Cth) ss 23, 51A(1)(a) Federal Court Rules 1979 (Cth) r 5.23(2) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) cl 23
Cases cited: Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2006) 236 ALR 665; [2006] FCA 1427 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] 195 FCR 1 CNIP Pty Ltd v Chan & Naylor Norwest Pty Ltd (No 2) [2011] FCA 1170 D'Arling One Pty Ltd v Eagle Boys Dial-A-Pizza Australia Pty Ltd [2011] NSWSC 296 Engineered Thermal Systems Pty Limited v Salmon, In the Matter of Salmon & Speck Pty Ltd (In Liq) [2012] FCA 1159 Farahbakht v Midas Australia Pty Ltd (No 2) [2006] NSWSC 1323 Ho v Grigor (2006) 151 FCR 236 Macquarie Bank Ltd v Seagle (2008) 79 IPR 72; [2008] FCA 1417 Magill v Magill (2006) 226 CLR 551 Speedo Holdings B.V. v Evans (No 2) [2011] FCA 1227 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Yeo v Damos Earthmoving Pty Ltd, in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate