Federal Court of Australia
Federal Court of Australia
Pullen as liquidator of Promim Australia Pty Ltd (in liq) v Smith [2023] FCA 285 File number(s): NSD 592 of 2022
Judgment of: JACKMAN J
Date of judgment: 20 March 2023
Catchwords: PRACTICE AND PROCEDURE – application for default judgment – where there has been continuous default and serious non-compliance – where satisfied of claim to relief – allegations in statement of claim deemed to have been admitted – where application not pressed in relation to aspects of claim overlapping with allegations against other defendants
Legislation: Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 5.22, 5.23(2)
Cases cited: Geneva Laboratories Ltd v Prestige Premium Deals Pty Ltd (No 4) [2016] FCA 867 Speedo Holdings BV v Evans (No 2) [2011] FCA 1227
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 23
Date of hearing: 20 March 2023
Solicitor for the Plaintiff: Ms M Mohannak of Rostron Carlyle Rojas Lawyers
Solicitor for the Fourth Defendant: Mr M Garvin of Uther Webster & Evans
ORDERS NSD 592 of 2022
BETWEEN: TRAVIS PULLEN AS LIQUIDATOR OF PROMIM AUSTRALIA PTY LTD (IN LIQ) Plaintiff
AND: STEPHEN JAMES SMITH First Defendant
MURRAY JOHN SCOTT Second Defendant
SIDNEY FRENCH (and another named in the Schedule) Third Defendant
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