Dependable Database Data Pty Ltd v Abi-Australian Business Information Pty Ltd (In liq) & Anor [1995] FCA 449

Dependable Database Data Pty Ltd v Abi-Australian Business Information Pty Ltd (In liq) & Anor [1995] FCA 449

The irregularity in service was not such as to make the judgment a nullity and, given the circumstances including the prior conduct and awareness of the proceedings by the second respondent, together with the inability to provide sufficient security for costs, it would be inappropriate to set aside the judgment or the orders made.

Parties
Applicant: Dependable Database Data Pty Limited; First Respondent: ABI-Australian Business Information Pty Limited (In Liquidation); Second Respondent: Gregory Neville Bullard
Jurisdiction
Australia
Judgment Date
16 June 1995
Procedural Posture
Application to Set Aside Default Judgment / Reasons for Judgment on Motion to Set Aside Judgment
Outcome
Motion refused with costs
Legal Topics
Setting Aside Default Judgment, Service of Process, Security for Costs, Copyright Infringement, Injunctive Relief
Practice and Procedure Intellectual Property Trade Practices Setting Aside Default Judgment Service of Process Security for Costs Copyright Infringement Injunctive Relief

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Parties

Dependable Database Data Pty Limited

Applicant

ABI-Australian Business Information Pty Limited (In Liquidation)

First Respondent

Gregory Neville Bullard

Second Respondent

Procedural Posture

Application to Set Aside Default Judgment / Reasons for Judgment on Motion to Set Aside Judgment

Legal Issues

  1. 1 Whether judgment should be set aside due to alleged irregularity in service of motion to enter judgment
  2. 2 Whether appearance or defence filed waived personal service requirement
  3. 3 Whether discretion to set aside default judgment should be exercised on conditions including security for costs

Ratio Decidendi

The irregularity in service was not such as to make the judgment a nullity and, given the circumstances including the prior conduct and awareness of the proceedings by the second respondent, together with the inability to provide sufficient security for costs, it would be inappropriate to set aside the judgment or the orders made.

Court Disposition

Motion refused with costs

Orders

  • Motion to set aside judgment refused with costs
  • Order made nunc pro tunc that the mode of service adopted be deemed sufficient