Pitney Bowes Inc v Robinson [2000] FCA 863

Pitney Bowes Inc v Robinson [2000] FCA 863

The Court found that, on the balance of probabilities, Robert Samuel Robertson and Elias Khury are the same individual, and notice of the proceeding had come to the knowledge of Mr Robertson prior to judgment; accordingly, the notice of motion to set aside orders was dismissed.

Parties
First Applicant: Pitney Bowes Inc; Second Applicant: Pitney Bowes Australia Pty; First Respondent: Bob Robertson aka Robert Samuel Robertson aka Elias Khury trading as Pitney Mailing Services; Second Respondent: Mahmoud Homsi trading as Pitney Mailing Services
Jurisdiction
Australia
Judgment Date
22 June 2000
Procedural Posture
Practice and Procedure / Application to Set Aside Orders Made in Default of Appearance
Outcome
Notice of motion dismissed
Legal Topics
Application to Set Aside Default Orders, Notice of Proceeding, Identity of Person Running a Registered Firm
Practice and Procedure Application to Set Aside Default Orders Notice of Proceeding Identity of Person Running a Registered Firm

Case Brief

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Parties

Pitney Bowes Inc

First Applicant

Pitney Bowes Australia Pty

Second Applicant

Bob Robertson aka Robert Samuel Robertson aka Elias Khury trading as Pitney Mailing Services

First Respondent

Mahmoud Homsi trading as Pitney Mailing Services

Second Respondent

Procedural Posture

Practice and Procedure / Application to Set Aside Orders Made in Default of Appearance

Legal Issues

  1. 1 Whether applicant on motion had notice of proceeding before orders made
  2. 2 Whether Robert Samuel Robertson is the same person as Elias Khury

Ratio Decidendi

The Court found that, on the balance of probabilities, Robert Samuel Robertson and Elias Khury are the same individual, and notice of the proceeding had come to the knowledge of Mr Robertson prior to judgment; accordingly, the notice of motion to set aside orders was dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • The Notice of Motion dated 20 April 2000 be dismissed.
  • Robert Samuel Robertson pay the costs of the motion incurred by Pitney Bowes Inc and Pitney Bowes Australia Pty.