Cash Bazaar Pty Ltd v RAA Consults Pty Ltd [2019] FCA 450

Cash Bazaar Pty Ltd v RAA Consults Pty Ltd [2019] FCA 450

Default judgment is warranted against the sixth respondent as the statement of claim pleads sufficient facts establishing misleading or deceptive conduct under Australian Consumer Law, and the sixth respondent was served but failed to file a defence or participate in the proceeding.

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Application for Default Judgment / Judgment on Application for Default Judgment
Outcome
Application for default judgment against the sixth respondent allowed; damages to be assessed; costs ordered; procedural orders made for trial preparation.
Legal Topics
['default Judgment' 'misleading and Deceptive Conduct' 'damages Assessment']
['practice and Procedure' 'commercial Law' 'consumer Law'] ['default Judgment' 'misleading and Deceptive Conduct' 'damages Assessment']

Case Brief

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Procedural Posture

Application for Default Judgment / Judgment on Application for Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be granted against the sixth respondent' 'Whether pleadings establish entitlement to relief for misleading and deceptive conduct under s 18 Australian Consumer Law']

Ratio Decidendi

Default judgment is warranted against the sixth respondent as the statement of claim pleads sufficient facts establishing misleading or deceptive conduct under Australian Consumer Law, and the sixth respondent was served but failed to file a defence or participate in the proceeding.

Court Disposition

Application for default judgment against the sixth respondent allowed; damages to be assessed; costs ordered; procedural orders made for trial preparation.

Orders

  • ["The applicants' application for default judgment against the sixth respondent is allowed with damages to be assessed." "The sixth respondent pay the applicants' costs in relation to the application for default judgment." 'Orders specifying procedural steps for document exchange, objections, submissions, and...