Swift Seat Australia Pty Ltd v The Harrington Global Corporation Pty Ltd [2013] FCA 43

Swift Seat Australia Pty Ltd v The Harrington Global Corporation Pty Ltd [2013] FCA 43

Defendants are entitled to reinstatement and judgment against Plaintiffs for unpaid settlement amounts, interest, and costs, pursuant to the terms of the Deed and Federal Court Rules.

Jurisdiction
Australia
Judgment Date
01 February 2013
Procedural Posture
Civil / Judgment Following Reinstatement of Proceedings
Outcome
Judgment for Defendants against Plaintiffs for specified sums, interest, and costs; proceeding reinstated.
Legal Topics
['deeds of Settlement' 'breach of Settlement' 'reinstatement of Proceedings' 'consent Judgment']

Case Brief

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Procedural Posture

Civil / Judgment Following Reinstatement of Proceedings

  1. 1 ['Whether defendants are entitled to judgment for unpaid amounts under the Deed following plaintiffs’ default' 'Whether proceeding should be reinstated pursuant to the Deed and Federal Court Rules']

Ratio Decidendi

Defendants are entitled to reinstatement and judgment against Plaintiffs for unpaid settlement amounts, interest, and costs, pursuant to the terms of the Deed and Federal Court Rules.

Court Disposition

Judgment for Defendants against Plaintiffs for specified sums, interest, and costs; proceeding reinstated.

Orders

  • ['Pursuant to r 39.05(f) of the Federal Court Rules 2011 (Cth), the proceeding be reinstated.' 'Judgment for the Defendants against the First Plaintiff in the sum of $356,765.36 plus interest of $43,398.31 and costs to be taxed in default of agreement.' 'Judgment for the Defendants against the Second and Third...