Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Young Investments Group Pty Ltd v Stripe Capital Pty Ltd [2013] FCA 528 Citation: Young Investments Group Pty Ltd v Stripe Capital Pty Ltd [2013] FCA 528
Parties: YOUNG INVESTMENTS GROUP PTY LTD & OTHERS v STRIPE CAPITAL PTY LTD & OTHERS
File number: WAD 201 of 2009
Judge: GILMOUR J
Date of judgment: 28 March 2013
Legislation: Federal Court Rules 1979 (Cth) O 35A r 3 Federal Court Rules 2011 (Cth) r 5.23(2)(c)
Cases cited: Macquarie Bank Ltd v Seagle (2005) 146 FCR 400 Yeo v Damos Earthmoving Pty Ltd, in the matter of Beachwood Developments Pty Ltd (in liq) [2011] FCA 1129
Date of hearing: 28 March 2013
Place: Perth
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 3
Counsel for the Applicant: Mr J Hosgood
Solicitor for the Applicant: MacKinlay Solicitors
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 201 of 2009
BETWEEN: YOUNG INVESTMENTS GROUP PTY LTD
Applicant
AND: STRIPE CAPITAL PTY LTD
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 28 MARCH 2013 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. In default of filing an amended defence to the first, second, third and fourth applicants' substituted statement of claim, the first and third respondents' defence be struck out and judgment be entered pursuant to Federal Court Rule 5.23(2)(c) in the following terms: (a) The first and third respondents pay to the second applicant, $1,343,251.70 as pleaded in paragraphs 25.2 and 26 of the substituted statement of claim. (b) The first and third respondents pay to the first applicant, $3,738,009.70 as pleaded in paragraphs 25.1 and 26 of the substituted statement of claim. (c) The first and third respondents pay to the third applicant, $7,136,542.20 as pleaded in paragraphs 25.3 and 26 of the substituted statement of claim. (d) The first and third respondents pay to the third and fourth applicants, $1,200,000 as pleaded in paragraphs 33.7 and 33.9 of the substituted statement of claim. (e) The first and third respondents pay to the first, second, third and fourth applicants interest pursuant to s 51A of the Federal Court Act 1976 on each of the amounts referred to above at the rate of 6% pa calculated from 10 November 2009 until payment. 2. The first and third respondents pay the costs of the application the costs to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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