Jia v TIB Business Services Group Pty Ltd [2022] FCA 306

Federal Court of Australia

Jia v TIB Business Services Group Pty Ltd [2022] FCA 306 File number: VID 745 of 2021

Judgment of: SNADEN J

Date of judgment: 30 March 2022

Catchwords: PRACTICE AND PROCEDURE – application for default judgment against second respondent – where second respondent entered into personal insolvency agreement in accordance with pt X of the Bankruptcy Act 1996 (Cth) – where second respondent believed the proceeding incompetent by reason of his entry into personal insolvency agreement – whether applicant prevented from commencing a proceeding against second respondent – whether proceeding in respect of a provable debt – whether proceeding involves a demand in the nature of unliquidated damages arising otherwise than by reason of a contract, promise or breach of trust – applicant seeks damages for contravention of s 18 of the Australian Consumer Law – applicant's claim in the nature of unliquidated damages otherwise than by reason of a contract, promise or breach of trust – applicant not prevented from commencing a proceeding against second respondent – second respondent ordered to file defence

Legislation: Bankruptcy Act 1966 (Cth) pt X, ss 82, 187 229 Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) s 18 Federal Court Rules 2011 (Cth) r 16.32

Cases cited: CCA Systems Pty Ltd v Communications & Peripherals (Aust) Pty Ltd (1989) 15 ACLR 720 Polis v Zombor (2019) 134 ACSR 486

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations