JRK Realty Pty Limited v Q1 Financial Services Pty Ltd [2009] FCA 1095

JRK Realty Pty Limited v Q1 Financial Services Pty Ltd [2009] FCA 1095

Default judgment was appropriate against the third defendant (Mr Lynch) due to failure to file a defence and non-appearance; venue should be transferred to Queensland as all witnesses reside there and per the relevant legal test.

Parties
Plaintiff: JRK Realty Pty Ltd ACN 112 515 241; Plaintiff: Nathan William Smart; First Defendant: Q1 Financial Services Pty Ltd ACN 122 080 282; Second Defendant: George Carthy; Third Defendant: Damian Lynch
Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Civil / Interlocutory/case Management Directions; Default Judgment Application; Venue Transfer
Outcome
Default judgment entered in part; orders for venue transfer and procedural steps
Legal Topics
Default Judgment, Venue Transfer
Civil Procedure Default Judgment Venue Transfer

Case Brief

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Parties

JRK Realty Pty Ltd ACN 112 515 241

Plaintiff

Nathan William Smart

Plaintiff

Q1 Financial Services Pty Ltd ACN 122 080 282

First Defendant

George Carthy

Second Defendant

Damian Lynch

Third Defendant

Procedural Posture

Civil / Interlocutory/case Management Directions; Default Judgment Application; Venue Transfer

Legal Issues

  1. 1 Whether default judgment should be entered against the third defendant for failing to file a defence and appear
  2. 2 Whether proceedings should be transferred to Queensland

Ratio Decidendi

Default judgment was appropriate against the third defendant (Mr Lynch) due to failure to file a defence and non-appearance; venue should be transferred to Queensland as all witnesses reside there and per the relevant legal test.

Court Disposition

Default judgment entered in part; orders for venue transfer and procedural steps

Orders

  • The plaintiff have leave to enter judgment against the third defendant, Mr Lynch, for damages in an amount to be assessed by the Court upon the filing of affidavit evidence quantifying the amount of the claim against Mr Lynch.
  • The proceedings be transferred to the Queensland Registry of the Federal Court of Australia.