Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3) [2020] FCA 1202

Federal Court of Australia

Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3) [2020] FCA 1202 File number: NSD 1722 of 2019

Judgment of: YATES J

Date of judgment: 20 August 2020

Catchwords: PRACTICE AND PROCEDURE – application to set aside default judgment under r 39.05 of the Federal Court Rules 2011 (Cth) – where judgment entered against a cross-respondent who was on notice that application for default judgment would be made – whether setting aside is in the interests of justice on the basis of an arguable defence

Legislation: Federal Court Rules 2011 (Cth) rr 5.23(2)(c), 39.05(a) Federal Court of Australia Act 1976 (Cth) s 37M(3)

Cases cited: Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel [2019] FCA 1965 Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 2) [2020] FCA 50 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Deputy Commissioner of Taxation v Hua Wang Bank Berhad (No 2) [2010] FCA 1296; 81 ATR 40 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230 Taylor v Taylor (1979) 143 CLR 1 Vacuum Oil Pty Co. Ltd v Stockdale (1942) 42 SR(NSW) 239