Jafari v 23 Developments Pty Ltd [2022] FCA 651

Federal Court of Australia

Jafari v 23 Developments Pty Ltd [2022] FCA 651 Appeal from: Jafari v 23 Developments Pty Ltd [2020] FCCA 2379

File number: VID 636 of 2020

Judgment of: ANDERSON J

Date of judgment: 2 June 2022

Catchwords: PRACTICE AND PROCEDURE — continued non-compliance with court orders — where appellant given repeated opportunities to comply with court orders — default judgment awarded under r 5.23 of Federal Court Rules 2011

Legislation: Federal Court Rules 2011 (Cth)

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 14

Date of hearing: 2 June 2022

Counsel for the Appellant: The Appellant was self-represented

Counsel for the Respondent: Ms B Evert

Solicitor for the Respondent: SLF Lawyers

ORDERS VID 636 of 2020

BETWEEN: KOUROSH JAFARI Appellant

AND: 23 DEVELOPMENT PTY LTD Respondent

order made by: ANDERSON J DATE OF ORDER: 2 JUNE 2022

THE COURT ORDERS THAT:

1. The appeal be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ANDERSON J: 1 This proceeding concerned an appeal brought by Mr Kourosh Jafari (Appellant), seeking to challenge the decision of Judge Burchardt in Jafari v 23 Developments Pty Ltd [2020] FCCA 2379. Before Judge Burchardt, Mr Jafari contended that the judgment creditor's solicitor, Ms Bettina Evert, was not duly authorised to make an affidavit supporting a bankruptcy notice and as a consequence the bankruptcy notice was invalid and ought be set aside. Judge Burchardt rejected this ground of review. 2 The Appellant filed a notice of appeal on 23 September 2020. The Appellant sought to relitigate various matters that were initially determined by Justice Elliot in the Supreme Court of Victoria in Jafari v 23 Developments Pty Ltd [2018] VSC 404. 3 On 7 July 2021 I set the matter down to be heard on 16 March 2022. On that day I also made the following orders to prepare the matter for appeal: 4 In accordance with Practice Note APP2: (a) by 30 July 2021, the appellant file and serve the appellant's complete parts A and B of the Appeal Book; (b) by 4:00 p.m. on 6 August 2021, the appellant file and serve on the respondent an outline of submissions and chronology of the relevant events; (c) by 4:00 p.m. on 27 August 2021, the respondent file and serve on the appellant an outline of submissions, a chronology of the relevant events and a list of materials to be included in part C of the Appeal Book; (d) by 4:00 p.m. on 3 September 2021, the appellant file and serve on the respondent any submissions in reply; (e) by 4:00 p.m. on 10 September 2021, the appellant file and serve on the respondent part C of the Appeal Book. 5 The submissions referred to in Order 4 of these Orders are not to exceed 10 pages in length, including any annexures. 6 By 4:00 p.m. on 10 September 2021, each party file and serve a list of authorities and legislation in accordance with Practice Note APP2. 4 To date, there has been no compliance with the above orders.