Federal Court of Australia
Federal Court of Australia
Kazar (liquidator), in the matter of AE Charter Services Pty Ltd (in liq) v Adelaide Equity Holdings Pty Ltd [2025] FCA 59 File number(s): SAD 94 of 2024
Judgment of: MCDONALD J
Date of judgment: 6 February 2025
Catchwords: PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of Federal Court Rules 2011 (Cth) – plaintiffs made claim for compensation for insolvent trading against third defendant pursuant to s 588M of Corporations Act 2001 (Cth) – third defendant has failed to comply with court orders and failed to appear – third defendant has taken no active part in proceedings – default judgment granted
Legislation: Corporations Act 2001 (Cth) s 588M Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 (Cth) rr 5.22, 5.23
Cases cited: Chamberlain Group Inc v Giant Alarm System Co Ltd (No 2) [2019] FCA 1606 Kidd v Kwek (No 2) [2024] FCA 194 Macquarie Bank Ltd v Seagle (2005) 146 FCR 400; [2005] FCA 1239 Maylord Equity Management Pty Ltd v Parazelsus Ltd [2014] FCA 979 Michell v Cvetkovic [2022] FCA 1295
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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