Australian Motor Finance Limited (Receivers and Managers appointed) v Angeleri (No 2) [2009] FCA 1046

Australian Motor Finance Limited (Receivers and Managers appointed) v Angeleri (No 2) [2009] FCA 1046

The Sixth and Tenth Defendants had been served with the amended application, statement of claim and notice of motion, had failed to file defences, and did not appear. On the statement of claim, the Second Plaintiff appeared entitled to monetary relief arising from funds obtained through fictitious loans, and the Court had power under O 35A to enter default judgment and grant the associated asset restraint and costs orders.

Jurisdiction
Australia
Judgment Date
15 September 2009
Procedural Posture
Practice and Procedure: Default Judgments, Freezing Orders and Abridgement of Time for Service / Plaintiffs' Notice of Motion for Default Judgment Against the Sixth and Tenth Defendants
Outcome
Default judgment entered against the Sixth and Tenth Defendants; asset restraint and indemnity costs orders made; time for service of the Plaintiffs' Motion abridged.
Legal Topics
['default Judgment' 'freezing Orders' 'abridgement of Time for Service' 'failure to File a Defence']
['civil Procedure'] ['default Judgment' 'freezing Orders' 'abridgement of Time for Service' 'failure to File a Defence']

Case Brief

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Procedural Posture

Practice and Procedure: Default Judgments, Freezing Orders and Abridgement of Time for Service / Plaintiffs' Notice of Motion for Default Judgment Against the Sixth and Tenth Defendants

Legal Issues

  1. 1 ['Whether default judgment should be entered against the Sixth and Tenth Defendants for failure to file a defence.' 'Whether the Court should restrain the Sixth and Tenth Defendants from dealing with or disposing of their assets until payment of the judgment amounts.' "Whether time for service of the Plaintiffs' Notice of Motion should be abridged."]

Ratio Decidendi

The Sixth and Tenth Defendants had been served with the amended application, statement of claim and notice of motion, had failed to file defences, and did not appear. On the statement of claim, the Second Plaintiff appeared entitled to monetary relief arising from funds obtained through fictitious loans, and the Court had power under O 35A to enter default judgment and grant the associated asset restraint and costs orders.

Court Disposition

Default judgment entered against the Sixth and Tenth Defendants; asset restraint and indemnity costs orders made; time for service of the Plaintiffs' Motion abridged.

Orders

  • ["The time prescribed by O 19 r 3 for the service of the Plaintiffs' Motion, notice of which was given 9 September 2009, be abridged to 11 September 2009." 'Pursuant to order 35A, Rule 3(2)(c) of the Federal Court Rules, as against the Sixth Defendant, judgment be entered in favour of the Second Plaintiff in the...