Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Inspector-General in Bankruptcy v Sam Pos Pty Ltd [2023] FCA 1621 File number: QUD 287 of 2023
Judgment of: RANGIAH J
Date of judgment: 6 December 2023
Date of publication of reasons: 19 December 2023
Catchwords: PRACTICE AND PROCEDURE – application for default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) – where respondents have not complied with an order of the Court – where respondents have not attended a hearing in the proceeding – where respondents have not defended the proceeding with due diligence – application granted
Legislation: Bankruptcy Act 1966 (Cth) ss 185LD, 185Y, 185ZB, 185ZCA and 186L Federal Court Rules 2011 (Cth) rr 1.32, 5.22 and 5.23
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 CNIP Pty Ltd v Chan & Naylor Norwest Pty Ltd (No 2) [2011] FCA 1170 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Macquarie Bank Ltd v Seagle (2005) 146 FCR 400 Pittmore Pty Ltd v Chan; Chan v Tan (2020) 104 NSWLR 62 Ross v Cotter [2015] FCA 310 Speedo Holdings BV v Evans (No 2) [2011] FCA 1227 Welsh v Digilin Pty Ltd (2008) 250 ALR 13 Zibara v Ultra Management (Sports) Pty Ltd (2021) 283 FCR 18
Division: General Division
Registry: Queensland
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