Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BJ International Limited v Asghar (No 2) [2013] FCA 580 Citation: BJ International Limited v Asghar (No 2) [2013] FCA 580
Parties: BJ INTERNATIONAL LIMITED v JAWED ASGHAR
File number: NSD 730 of 2012
Judge: FLICK J
Date of judgment: 14 June 2013
Catchwords: CONTRACT – oral agreement for sale of motor vehicle – non-payment – identity of contracting party – guarantee PRACTICE AND PROCEDURE – default by unrepresented party – application for order by reason of default – order refused PRACTICE AND PROCEDURE – application for leave to re-open – leave refused – further evidence goes to credit – party unrepresented
Legislation: Federal Court Rules 2011 (Cth) rr 1.32, 5.22, 5.23
Cases cited: B and L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187 BJ International Limited v Asghar [2012] FCA 1067 Browne v Dunn (1894) 6 R 67 Commercial Bank of Australia Ltd v Colonial Finance, Mortgage, Investment and Guarantee Corporation Ltd (1906) 4 CLR 57 Devenish v Devenish [2011] WASC 129 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 89 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2008] FCA 1436, 171 FCR 174 Traianedes in his capacity as Deed Administrator of Mercury Brands Group Pty Ltd v Mercury Brands Group Pty Ltd (No 2) [2010] FCA 1140 Urban Transport Authority (NSW) v Nweiser (1992) 28 NSWLR 471 Carter JW, Penden E and Tolhurst GJ, Contract Law in Australia (5th ed, LexisNexis, 2007)
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