Cawthorn, D.S. v. Remy Australie P/L & Ors [1994] FCA 929

Cawthorn, D.S. v. Remy Australie P/L & Ors [1994] FCA 929

The requirements for default judgment had been met; the second cross-respondent was served and failed to file a defence within time. Affidavit evidence confirmed both service and the debt quantum; therefore, judgment was entered for the cross-claimant for the amount claimed and costs awarded.

Parties
Applicant: David Saxby Cawthorn; Respondent/cross Claimant: Remy Australie Pty Limited; First Cross Respondent: Resmi Dema; Second Cross Respondent: Dino Tonegato
Jurisdiction
Australia
Judgment Date
25 November 1994
Procedural Posture
Notice of Motion (cross Claim) / Application for Default Judgment
Outcome
Judgment entered for the cross-claimant against the second cross-respondent.
Legal Topics
Default Judgment, Service of Process, Affidavit Evidence
Civil Procedure Default Judgment Service of Process Affidavit Evidence

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Parties

David Saxby Cawthorn

Applicant

Remy Australie Pty Limited

Respondent/cross Claimant

Resmi Dema

First Cross Respondent

Dino Tonegato

Second Cross Respondent

Procedural Posture

Notice of Motion (cross Claim) / Application for Default Judgment

Legal Issues

  1. 1 Whether default judgment should be entered for failure to file a defence to the cross-claim within time under the Federal Court Rules

Ratio Decidendi

The requirements for default judgment had been met; the second cross-respondent was served and failed to file a defence within time. Affidavit evidence confirmed both service and the debt quantum; therefore, judgment was entered for the cross-claimant for the amount claimed and costs awarded.

Court Disposition

Judgment entered for the cross-claimant against the second cross-respondent.

Orders

  • Judgment for cross-claimant against second cross-respondent in the sum of $16,644.66
  • Second cross-respondent to pay cross-claimant's costs