Invast Financial Services Pty Ltd v Pseven International DWC LLC (No 2) [2023] FCA 564

Invast Financial Services Pty Ltd v Pseven International DWC LLC (No 2) [2023] FCA 564

The referee's report was adopted in whole as there was no substantive objection and the principles governing adoption of referee's reports were satisfied; accordingly, judgment was entered for the applicant for damages, interest, and costs against the second respondent.

Parties
Applicant: Invast Financial Services Pty Ltd; First Respondent: Pseven International DWC LLC; Second Respondent: Musa Umar Choudhary
Jurisdiction
Australia
Judgment Date
02 June 2023
Procedural Posture
Commercial Proceeding / Post Referee Report, Judgment and Orders
Outcome
Judgment for the applicant against the second respondent; report adopted; damages, interest and costs awarded.
Legal Topics
Referee Adoption Procedures, Damages Assessment, Australian Consumer Law Contravention, Costs Orders
Commercial Law Referee Adoption Procedures Damages Assessment Australian Consumer Law Contravention Costs Orders

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Parties

Invast Financial Services Pty Ltd

Applicant

Pseven International DWC LLC

First Respondent

Musa Umar Choudhary

Second Respondent

Procedural Posture

Commercial Proceeding / Post Referee Report, Judgment and Orders

Legal Issues

  1. 1 Whether the referee's report assessing damages, interest, and costs should be adopted in whole
  2. 2 Whether proper service was effected on the second respondent

Ratio Decidendi

The referee's report was adopted in whole as there was no substantive objection and the principles governing adoption of referee's reports were satisfied; accordingly, judgment was entered for the applicant for damages, interest, and costs against the second respondent.

Court Disposition

Judgment for the applicant against the second respondent; report adopted; damages, interest and costs awarded.

Orders

  • Leave given to applicant to serve interlocutory application and affidavit on second respondent by specified alternative methods nunc pro tunc.
  • Deemed service of documents on the second respondent by 20 April 2023.