Federal Court of Australia
Federal Court of Australia
Scottish Pacific Business Finance Pty Ltd v Qaqour, in the matter of Penny World Pty Ltd [2023] FCA 708 File number(s): NSD 444 of 2022
Judgment of: HALLEY J
Date of judgment: 27 June 2023
Catchwords: PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23 of the Federal Court Rules 2011 (Cth) – where there has been continuous default and serious non-compliance – where satisfied as to claims for relief on face of the statement of claim – application granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 12DA Competition and Consumer Act 2010 (Cth), Sch 2 (Australian Consumer Law) s 18 Corporations Act 2001 (Cth) ss 206B, 472, 596A, 596F, 597 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 5.22, 5.23(2)
Cases cited: ACOHS Pty Ltd v Ucorp Pty Ltd [2009] FCA 577 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513; [2007] FCAFC 146 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2006] FCA 1427 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 Project Noah Holdings Pty Ltd (in liq) v Jacka [2022] FCA 778
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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