Federal Court of Australia
Federal Court of Australia
Khan v Uddin [2024] FCA 404 File number(s): VID 1025 of 2023
Judgment of: BUTTON J
Date of judgment: 19 April 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to proceed against respondent served outside Australia pursuant to r 10.43D of the Federal Court Rules 2011 (Cth) (the Rules) – where respondent has not filed a Notice of Address for Service within the time specified by r 10.43C – where Originating Application makes claims of a kind falling within r 10.42 – leave to proceed granted PRACTICE AND PROCEDURE – application for judgment in default of appearance pursuant to rr 5.22 and 5.23 of the Rules – where applicant claims defamation caused by publication of an email by the respondent – where Statement of Claim pleads facts sufficient to establish an entitlement to judgment and damages – where, as a matter of law, the publication is able to sustain one or more of the pleaded imputations – judgment in default awarded with damages to be assessed – assessment of damages referred to a referee for report pursuant to r 28.61 of the Rules
Legislation: Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 10.42, 10.43C, 10.43D
Cases cited: Al Muderis v Duncan [2016] NSWSC 1726 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513; [2007] FCAFC 146 Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606 Goodfellow v Fairfax Media Publications Pty Ltd [2017] FCA 1152 Khan v Google LLC [2023] FCA 785 STIHL Pty Ltd v Reggie Bowman Pty Ltd [2023] FCA 1347 Tribe v Simmons [2021] FCA 930
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