Federal Court of Australia
Federal Court of Australia
Fresh Start Equity Pty Ltd (in liq) v Bignold [2023] FCA 297 File number: QUD 237 of 2022
Judgment of: DERRINGTON J
Date of judgment: 24 March 2023
Catchwords: PRACTICE – judgment by default – non-compliance with court orders – evidence that respondent not prepared to be involved in litigation
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Chamberlain Group Inc v Giant Alarm System Co Ltd (No 2) [2019] FCA 1606 Michell v Cvetkovic [2022] FCA 1295
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 41
Date of hearing: 24 March 2023
Counsel for the Applicants: Mr M Ziebell
Solicitor for the Applicants: Mills Oakley
Counsel for the Respondent: The Respondent did not appear
ORDERS QUD 237 of 2022
BETWEEN: STEVEN NEVILLE STAATZ AS LIQUIDATOR OF FRESH START EQUITY PTY LTD (IN LIQUIDATION) ACN 621 953 384 First Applicant
FRESH START EQUITY PTY LTD (IN LIQUIDATION) ACN 621 953 384 Second Applicant
AND: JULIAN JOSEPH BIGNOLD Respondent
order made by: DERRINGTON J DATE OF ORDER: 24 MARCH 2023
THE COURT ORDERS THAT:
1. Pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) and s 588M of the Corporations Act 2001 (Cth), the respondent pay to the first applicant the sum of $1,375,500.67. 2. Pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth), the respondent pay to the first applicant interest on the amount in paragraph 1 from the date the first applicant was appointed as liquidator of the second applicant in the amount of $57,087.05 as calculated in accordance with the attached Annexure A. 3. The respondent pay the applicants' costs of the proceedings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. ANNEXURE A INTEREST CALCULATIONS ON $1,375,500.67 Calculated in accordance with paragraph 2.2 of the Interest on Judgments Practice Note (GPN-INT) Period Days Rate (pa) Amount 12 July 2022 – 173 5.35% $34,879.31 31 December 2022 1 January 2023 – 83 7.10% $22,207.74 24 March 2023 TOTAL: $ 57,087.05
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