CCGF Holdings Pty Ltd v Coegi Group Pty Ltd (No 2) [2020] FCA 1596

CCGF Holdings Pty Ltd v Coegi Group Pty Ltd (No 2) [2020] FCA 1596

The fifth respondent, having unreasonably failed to defend the proceedings, should pay the applicant's costs thrown away by the setting aside of the default judgment on an indemnity basis, and pay the applicant's costs of the application to set aside the default judgment on a party-and-party basis with leave to tax those costs immediately; the default judgment is set aside.

Parties
Applicant: CCGF Holdings Pty Ltd; First Respondent: Coegi Group Pty Ltd; Second Respondent: Coegi Connect Pty Ltd; Third Respondent: Consol Group APAC Pty Ltd; Fourth Respondent: Graham Henry Gordon; Fifth Respondent: Linda Anne Gordon; Sixth Respondent: Michael Graham; Seventh Respondent: Fireseed Capital Pty Ltd
Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Application to Set Aside Default Judgment / Post Hearing Determination of Costs and Orders
Outcome
Default judgment against fifth respondent set aside. Fifth respondent ordered to pay applicant's costs thrown away on an indemnity basis. Fifth respondent ordered to pay costs of the application on a party-and-party basis, with leave for immediate taxation. Further procedural orders for defence and reply filings.
Legal Topics
Costs, Default Judgment, Interlocutory Applications
Civil Procedure Commercial Law Costs Default Judgment Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

CCGF Holdings Pty Ltd

Applicant

Coegi Group Pty Ltd

First Respondent

Coegi Connect Pty Ltd

Second Respondent

Consol Group APAC Pty Ltd

Third Respondent

Graham Henry Gordon

Fourth Respondent

Linda Anne Gordon

Fifth Respondent

Michael Graham

Sixth Respondent

Fireseed Capital Pty Ltd

Seventh Respondent

Procedural Posture

Application to Set Aside Default Judgment / Post Hearing Determination of Costs and Orders

Legal Issues

  1. 1 Should the default judgment against the fifth respondent be set aside?
  2. 2 Who should bear the costs of the application and costs thrown away?
  3. 3 On what basis should costs be awarded and when should they be taxed?

Ratio Decidendi

The fifth respondent, having unreasonably failed to defend the proceedings, should pay the applicant's costs thrown away by the setting aside of the default judgment on an indemnity basis, and pay the applicant's costs of the application to set aside the default judgment on a party-and-party basis with leave to tax those costs immediately; the default judgment is set aside.

Court Disposition

Default judgment against fifth respondent set aside. Fifth respondent ordered to pay applicant's costs thrown away on an indemnity basis. Fifth respondent ordered to pay costs of the application on a party-and-party basis, with leave for immediate taxation. Further procedural orders for defence and reply filings.

Orders

  • The default judgment granted against the fifth respondent on 19 July 2019 be set aside.
  • The fifth respondent pay the applicant's costs thrown away by the setting aside of the default judgment on an indemnity basis.