Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fanchel Pty Limited v Landau, in the matter of Continental Coal Limited [2017] FCA 119 File number: NSD 1951 of 2016
Judge: GLEESON J
Date of judgment: 20 February 2017
Catchwords: PRACTICE AND PROCEDURE – ex parte application for self-executing order if defendant fails to file an address for service – where service of originating process took place after return date – application refused
Legislation: Corporations Act 2001 (Cth) Federal Court (Corporations) Rules 2000 Federal Court Rules 2011
Date of hearing: 6 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 26
Solicitor for the Plaintiff: Mr B Brady of Levitt Robinson
Solicitor for the Defendant: The Defendant did not appear
ORDERS NSD 1951 of 2016 IN THE MATTER OF CONTINENTAL COAL LIMITED (ACN 009 125 651) BETWEEN: FANCHEL PTY LIMITED (ACN 128 926 983) Plaintiff
AND: PETER NEIL LANDAU Defendant
JUDGE: GLEESON J DATE OF ORDER: 20 February 2017
THE COURT ORDERS THAT:
1. The plaintiff's application for an order, that if the defendant is in default of the order extending the time for filing an address for service to 13 February 2017, judgment be entered pursuant to r 5.21(d) of the Federal Court Rules 2011, be refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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