Coast 2 Coast Earthmoving Pty Ltd v Stratti [2009] FCA 130

Coast 2 Coast Earthmoving Pty Ltd v Stratti [2009] FCA 130

Default judgment should be entered where the respondent has been effectively served, has not appeared or filed a defence, and the applicant has substantiated the claim and costs in accordance with the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Civil / Default Judgment
Outcome
Judgment for the applicant
Legal Topics
['default Judgment' 'service of Process' 'costs']
['practice and Procedure'] ['default Judgment' 'service of Process' 'costs']

Case Brief

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Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 ['Whether default judgment should be entered for the applicant when the respondent failed to appear or file a defence' 'Whether service was effective under substituted service orders' 'Entitlement to costs and the proper calculation thereof']

Ratio Decidendi

Default judgment should be entered where the respondent has been effectively served, has not appeared or filed a defence, and the applicant has substantiated the claim and costs in accordance with the Federal Court Rules.

Court Disposition

Judgment for the applicant

Orders

  • ['Judgment in the sum of $87,527.23 for the applicant against the respondent' "Respondent to pay applicant's costs fixed at $8,000.00"]