Federal Court of Australia
Federal Court of Australia
Sovereign Point Pty Ltd v Gu (No 2) [2020] FCA 1377 File number: VID 359 of 2018
Judgment of: DAVIES J
Date of judgment: 28 September 2020
Catchwords: PRACTICE AND PROCEDURE – application to set aside default judgment – whether discretion under r 39.05 of the Federal Court Rules 2011 (Cth) should be exercised – where no adequate explanation for default – where no adequate explanation for significant delay in bringing application to set aside default judgment – where applicant settled proceedings with another respondent following default judgment – serious prejudice to applicant that would not be adequately compensated by award of costs or security would arise if default judgment set aside – application dismissed
Legislation: Federal Court Rules 2011 (Cth) rr 5.23(2)(c), 39.05
Cases cited: 3D Funtimes Ltd v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407 Delta Metallics Pty Ltd v King [2012] FCA 1119 Evans v Bartlam [1937] AC 473 Sovereign Point Pty Ltd v Gu [2019] FCA 1753 Violi v Commonwealth Bank of Australia [2015] NSWCA 152
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 27
Date of hearing: 18 September 2020
Counsel for the Applicant: Ms V Bell
Solicitor for the Applicant: SBA Law
Counsel for the First Respondent: Mr M J Galvin QC
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