Federal Court of Australia
Federal Court of Australia
Westall Wholesale Fruit & Vegetables Pty Ltd (In Liquidation) v Mountakis [2021] FCA 130 File number: VID 712 of 2020
Judgment of: DAVIES J
Date of judgment: 24 February 2021
Catchwords: PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2) of the Federal Court Rules 2011 (Cth) – where respondent has not filed notice of appearance nor appeared at case management hearing – applicants entitled to relied on face of pleadings – application granted
Legislation: Corporations Act 2001 (Cth) ss 588FB, 588FC, 588FDA, 588FE, 588M Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 39.06
Cases cited: Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 8
Date of last submissions: 12 February 2021
Date of hearing: Determined on the papers
Solicitor for the Applicants: SLF Lawyers
ORDERS VID 712 of 2020
BETWEEN: WESTALL WHOLESALE FRUIT & VEGETABLES PTY LTD (IN LIQUIDATION) ACN 147 572 487 First Applicant
GESS MICHAEL RAMBALDI AND ANDREW REGINALD YEO (THE LIQUIDATORS) IN THEIR CAPACITY AS LIQUIDATORS OF WESTALL WHOLESALE FRUIT & VEGETABLES PTY LTD (IN LIQUIDATION) ACN 147 572 487 (THE COMPANY) Second Applicant
AND: IRENE MOUNTAKIS First Respondent
MATTHEW MOUNTAKIS Second Respondent
order made by: DAVIES J DATE OF ORDER: 24 February 2021
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