Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cash Bazaar Pty Ltd v RAA Consults Pty Ltd (No 3) [2020] FCA 1115 File number: VID 1348 of 2017
Judge: STEWARD J
Date of judgment: 5 August 2020
Catchwords: PRACTICE AND PROCEDURE – setting aside of default judgment under r. 39.05 of the Federal Court Rules 2011 (Cth.) – where judgment entered against sixth respondent in default of filing of a defence – where proceedings against fifth respondent ceased before trial following settlement being reached – where applicants' proceedings against the first, second, third, fourth, seventh and eighth respondents were subsequently dismissed – whether setting aside of default judgment necessary to avoid injustice to the sixth respondent following dismissal of proceedings against the first, second, third, fourth, seventh and eighth respondents
Legislation: Federal Court Rules 2011 (Cth.) r. 39.05
Cases cited: Cash Bazaar Pty Ltd v. RAA Consults Pty Ltd [2019] FCA 450 Cash Bazaar Pty Ltd v. RAA Consults Pty Ltd (No. 2) [2020] FCA 636
Date of hearing: Determined in chambers
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicants: No submissions were filed by the applicants
Counsel for the Respondents: No submissions were filed by the respondents
ORDERS VID 1348 of 2017
BETWEEN: CASH BAZAAR PTY LTD First Applicant
RAJESH PATEL Second Applicant
AND: RAA CONSULTS PTY LTD First Respondent
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