Federal Court of Australia
Federal Court of Australia
Brandenburg v Austral Dutch Kaolin Limited [2024] FCA 1311 File number: QUD 98 of 2023
Judgment of: DERRINGTON J
Date of judgment: 9 October 2024
Date of publication of reasons: 13 November 2024
Catchwords: PRACTICE AND PROCEDURE – application for judgment in default – plaintiffs having failed to comply with directions to file evidence – lengthy period of delay – inference that the delay was caused by attempts to settle proceedings – application refused
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Professional Administration Service Centres Pty Ltd v Commissioner of Taxation (2012) 295 ALR 52 Wu v Avin Operations Pty Ltd [2006] FCA 36
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 38
Date of hearing: 9 October 2024
Counsel for the Plaintiffs: Mr D Keane KC with Mr R Tooth
Solicitor for the Plaintiffs: Lillas & Loel Lawyers
Counsel for the First Defendant: The First Defendant did not appear
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