Federal Court of Australia
Federal Court of Australia
Landcon Civil Pty Ltd (in liq) v Taleb (Default Judgment) [2023] FCA 323 File number: NSD 154 of 2022
Judgment of: CHEESEMAN J
Date of judgment: 20 April 2023
Catchwords: PRACTICE AND PROCEDURE – application for default and/or summary judgment – where respondents have failed to file notice of address for service or appear at listings until hearing of application for default and/or summary judgment – where originating process supported by alternative accompanying document – where relief sought includes declaratory relief – whether discretion to enter default judgment enlivened – whether appropriate to exercise discretion – whether, in the alternative, no reasonable prospect of successfully defending the proceeding – whether appropriate to order summary judgment – Held: relief granted.
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A(1) Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 26.01
Cases cited: C v Commonwealth of Australia [2015] FCAFC 113; 234 FCR 81 Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955 GCTR Investments Pty Ltd v DJD Family Holdings [2023] FCA 260 Quach v Commissioner of Taxation [2019] FCA 1729 Rana v Google Australia Pty Ltd [2013] FCA 60 Spencer v Commonwealth of Australia [2010] HCA 28; 241 CLR 118 Windsor v Sydney Medical Service Co-operative Ltd (No 2) [2009] FCA 704
Division: General Division
Registry: New South Wales
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