Federal Court of Australia
Federal Court of Australia
CCGF Holdings Pty Ltd v Coegi Group Pty Ltd [2020] FCA 1402 File number: QUD 870 of 2018
Judgment of: RANGIAH J
Date of judgment: 1 October 2020
Catchwords: PRACTICE AND PROCEDURE – application to set aside default judgment under r 39.05(a) of the Federal Court Rules 2011 (Cth) – cross-examination of applicant permitted – whether fifth respondent was aware of existence of proceedings prior to default judgment being entered – whether fifth respondent has prima-facie defence – whether setting aside default judgment is in the interests of justice
Legislation: Australian Consumer Law ss 18, 236 and 237 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 39.05
Cases cited: 3D Funtimes Limited v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407 Adams v Kennick Trading (International) Ltd (1986) 4 NSWLR 503 Amirbeaggi as trustee of the bankrupt estate of John Mamdouh Hanna v Kamel (No 3) [2020] FCA 1202 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (No 4) [2013] FCA 318 Davies v Pagett (1986) 10 FCR 226 Deputy Commissioner of Taxation v Berhad (No 2) (2010) 81 ATR 40; [2010] FCA 1296 Lal v Minister for Immigration and Border Protection (No 2) [2014] FCA 892 Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 Wu v Avin Operations Pty Ltd (No 3) [2006] FCA 132
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