Quin v Buchanan, in the matter of Queensland Roads, Earthmoving and Civil Construction Pty Ltd (In Liq) [2015] FCA 722

FEDERAL COURT OF AUSTRALIA

Quin v Buchanan, in the matter of Queensland Roads, Earthmoving and Civil Construction Pty Ltd (In Liq) [2015] FCA 722 Citation: Quin v Buchanan, in the matter of Queensland Roads, Earthmoving and Civil Construction Pty Ltd (In Liq) [2015] FCA 722

Parties: DAVID CHARLES QUIN AND CLYDE PETER WHITE AS JOINT AND SEVERAL LIQUIDATORS OF QUEENSLAND ROADS, EARTHMOVING AND CIVIL CONSTRUCTION PTY LTD (IN LIQUIDATION) ACN 125 448 802 v PAUL JEFFREY BUCHANAN

File number: QUD 323 of 2015

Judge: EDELMAN J

Date of judgment: 15 July 2015

Catchwords: PRACTICE AND PROCEDURE – costs – default judgment application – lack of communication with the Court – proper response following non-compliance with orders in smaller scale litigation

Legislation: Federal Court Rules 2011 (Cth) rr 5.21, 5.23(2), 28.02

Date of hearing: 15 July 2015

Place: Perth (via Video Link to Brisbane)

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 15

Solicitor for the Plaintiff: Mr J B Waterman, Taylor David Lawyers

Solicitor for the Defendant: Mr P Earl, Eaton Lawyers

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 323 of 2015

BETWEEN: DAVID CHARLES QUIN AND CLYDE PETER WHITE AS JOINT AND SEVERAL LIQUIDATORS OF QUEENSLAND ROADS, EARTHMOVING AND CIVIL CONSTRUCTION PTY LTD (IN LIQUIDATION) ACN 125 448 802

Plaintiff

AND: PAUL JEFFREY BUCHANAN

Defendant

JUDGE: EDELMAN J DATE OF ORDER: 15 JULY 2015 WHERE MADE: PERTH (VIA VIDEO LINK TO BRISBANE)

THE COURT ORDERS THAT:

1. Each party bear their own costs of the interlocutory application 2. The defendant pay the plaintiff's costs of this directions hearing. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.