Burke v Residential Investments Australia Pty Ltd [2009] FCA 885

The respondents are in default, having failed to appear or file a defence. Applicants are entitled to default judgment for relief sought as stated in the amended statement of claim. The court has power to grant the relief as per Federal Court Rules.

Jurisdiction: Australia
Judgment Date: 14 August 2009
Procedural Posture: Application and Statement of Claim / Default Judgment
Outcome: Judgment in default granted against the first, second and third respondents.
Legal Topics: ['default Judgment' 'breach of Contract' 'misleading and Deceptive Conduct']

['practice and Procedure' 'contract Law' 'consumer Law'] ['default Judgment' 'breach of Contract' 'misleading and Deceptive Conduct']

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Procedural Posture

Application and Statement of Claim / Default Judgment

Legal Issues

1 ['Are the first, second and third respondents in default for purposes of the Federal Court Rules?' 'Are applicants entitled to judgment in default for breach of contract and misleading conduct?']

Ratio Decidendi

Court Disposition

Judgment in default granted against the first, second and third respondents.

Orders

['Applicants to file and serve proposed minutes of orders and any affidavit evidence as to costs by 4 pm 20 August 2009.' 'Judgment to be entered for principal sum and interest, calculation to be disclosed.' 'Applicants afforded opportunity to file evidence as to party-party costs.']