Chang v Haughton, in the matter of Haughton [2021] FCA 765

Federal Court of Australia

Chang v Haughton, in the matter of Haughton [2021] FCA 765 File number: SAD 48 of 2021

Judgment of: WHITE J

Date of judgment: 2 July 2021

Catchwords: PRACTICE AND PROCEDURE – application for an order on default of the Applicant seeking a stay of sequestration orders pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – failure to comply with Court orders and attend the hearing of his interlocutory application – default order granted – interlocutory application dismissed.

Legislation: Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules 2011 (Cth) rr 3.11, 5.22, 5.23

Cases cited: Du Bray v ACW [2020] FCA 1142

Division: General Division

Registry: South Australia

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 12

Date of hearing: 2 July 2021

Counsel for the Applicants: Mr A Craven

Solicitor for the Applicants: Andreyev Lawyers

Counsel for the Respondent: The Respondent did not appear

ORDERS SAD 48 of 2021 IN THE MATTER OF PETER SCOTT HAUGHTON BETWEEN: FUI SAK CHANG First Applicant

CHIN SUK KIEW Second Applicant

AND: PETER SCOTT HAUGHTON Respondent

order made by: WHITE J DATE OF ORDER: 2 JULY 2021

THE COURT ORDERS THAT:

1. The interlocutory application filed by Mr Haughton on 21 June 2021 is dismissed. 2. Mr Haughton is to pay the Applicants' costs of and incidental to his application filed on 21 June 2021 with those costs to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.