Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stimpson and Meagher (Liquidators); In the matter of Mackenbry Pty Ltd (In Liq) v Santiago [2016] FCA 200 File number: QUD 765 of 2015
Judge: EDELMAN J
Date of judgment: 3 March 2016
Catchwords: PRACTICE AND PROCEDURE – application for default judgment – respondent appearing to be in default – lack of evidence that the respondent was properly served with originating process – respondent served with application for default judgment the day before hearing – applicant's failure to appear in Court – application dismissed
Legislation: Corporations Act 2001 (Cth) s 588FF(1)(a) Federal Court Rules 2011 (Cth) rr 1.32, 5.23(2)(c), 8.06
Cases cited: Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd (No 2) [2007] FCA 903
Date of hearing: Determined on the papers
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicants: The Applicants did not appear
Solicitor for the Applicants: South Geldard Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS QUD 765 of 2015
BETWEEN: DAVID MICHAEL STIMPSON AND ANNE MEAGHER AS LIQUIDATORS OF MACKENBRY PTY LTD (IN LIQUIDATION) ACN 129 797 100 AS TRUSTEE FOR THE HAWKES FAMILY TRUST First Applicant
MACKENBRY PTY LTD (IN LIQUIDATION) ACN 129 797 100 AS TRUSTEE FOR THE HAWKES FAMILY TRUST Second Applicant
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