KerryJ Investment Pty Ltd v Xiamen Fengwei Energy Technology Co Ltd [2013] FCA 361

KerryJ Investment Pty Ltd v Xiamen Fengwei Energy Technology Co Ltd [2013] FCA 361

Given repeated notification and service by alternative means, the failure of the First Respondent to appoint a lawyer or participate in the proceedings justifies deemed service and a self-executing order for default judgment under the Federal Court Rules. The discretionary relief sought is supported by both properly pleaded cause of action and evidence.

Parties
Applicant/cross Respondent: KerryJ Investment Pty Ltd (ACN 108 633 227); First Respondent/first Cross Claimant: Xiamen Fengwei Energy Technology Co Ltd (trading as Grace Solar); Second Respondent/second Cross Claimant: Chiko Solar Industry Co Ltd
Jurisdiction
Australia
Judgment Date
19 April 2013
Procedural Posture
Interlocutory Application / Application for Self Executing Default Judgment and Deemed Service
Outcome
Orders made for deemed service of documents; order that First Respondent appoint a lawyer and file a notice of acting and notice of address for service by 10 May 2013; if not complied, default judgment to be entered for the Applicant, with directions as to settlement of terms; if complied, parties have liberty to...
Legal Topics
Deemed Service, Default Judgment, Appointment of Legal Representation for Corporations
Practice and Procedure Deemed Service Default Judgment Appointment of Legal Representation for Corporations

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Parties

KerryJ Investment Pty Ltd (ACN 108 633 227)

Applicant/cross Respondent

Xiamen Fengwei Energy Technology Co Ltd (trading as Grace Solar)

First Respondent/first Cross Claimant

Chiko Solar Industry Co Ltd

Second Respondent/second Cross Claimant

Procedural Posture

Interlocutory Application / Application for Self Executing Default Judgment and Deemed Service

Legal Issues

  1. 1 Whether to deem documents served on the First Respondent under Rule 10.48 of the Federal Court Rules 2011 (Cth) where Hague Convention service is not practicable and documents have been brought to the attention of the party
  2. 2 Whether to order the First Respondent to appoint a lawyer and file a notice of acting and address for service
  3. 3 Whether to grant a self-executing order for default judgment under Rule 5.23(2) if the First Respondent does not comply

Ratio Decidendi

Given repeated notification and service by alternative means, the failure of the First Respondent to appoint a lawyer or participate in the proceedings justifies deemed service and a self-executing order for default judgment under the Federal Court Rules. The discretionary relief sought is supported by both properly pleaded cause of action and evidence.

Court Disposition

Orders made for deemed service of documents; order that First Respondent appoint a lawyer and file a notice of acting and notice of address for service by 10 May 2013; if not complied, default judgment to be entered for the Applicant, with directions as to settlement of terms; if complied, parties have liberty to...

Orders

  • Documents listed deemed served on First Respondent pursuant to Rule 10.48 of the Rules by specified means and dates
  • First Respondent to appoint a lawyer and file notice of acting and address for service by 10 May 2013