Invast Financial Services Pty Ltd v Pseven International DWC LLC (No 2) [2023] FCA 564

Federal Court of Australia

Invast Financial Services Pty Ltd v Pseven International DWC LLC (No 2) [2023] FCA 564 File number: NSD 903 of 2020

Judgment of: YATES J

Date of judgment: 2 June 2023

Catchwords: PRACTICE AND PROCEDURE – referee appointed under s 54A of the Federal Court of Australia Act 1976 (Cth) for inquiry and report – application under r 28.67(a) of the Federal Court Rules 2011 (Cth) seeking the adoption of the referee's report in whole – report adopted in whole

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) r 28.66

Cases cited: Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Invast Financial Services Pty Ltd v Pseven International DWC LLC [2022] FCA 861

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 17

Date of hearing: Determined on the papers

Solicitor for the Applicant: Garland Hawthorn Brahe

Solicitor for the Respondents: The First and Second Respondents did not appear

ORDERS NSD 903 of 2020

BETWEEN: INVAST FINANCIAL SERVICES PTY LTD Applicant

AND: PSEVEN INTERNATIONAL DWC LLC First Respondent

MUSA UMAR CHOUDHARY Second Respondent

order made by: YATES J DATE OF ORDER: 2 JUNE 2023

THE COURT ORDERS THAT:

1. Pursuant to r 10.44 of the Federal Court Rules 2011 (Cth) (the Rules), leave be given to the applicant nunc pro tunc to serve on the second respondent the interlocutory application filed by the applicant on 5 April 2023, and the affidavit sworn by Brendan John Miller made on 4 April 2023, by sending a copy of the same to the second respondent by prepaid post to the addresses specified in Orders 1(a) and (b), and by email to the address specified in Order 1(c), of the orders made on 30 November 2022. 2. Pursuant to r 10.48 of the Rules, service of the documents referred to in Order 1 be taken to have been effected on the second respondent by 20 April 2023. 3. The report of the referee dated 30 November 2022 be adopted in whole. 4. Judgment be entered forthwith for the applicant against the second respondent for damages in the sum of US$441,786.26. 5. Judgment be entered forthwith for the applicant against the second respondent for interest under s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of US$79,260.06. 6. The second respondent pay the applicant's costs on a lump sum basis assessed in the amount of $210,038.85 (excluding GST). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.