Khan v Uddin [2024] FCA 404

Khan v Uddin [2024] FCA 404

Leave to proceed was granted because the respondent had been properly served, had not filed a Notice of Address for Service within the time specified by r 10.43C, and the Originating Application made claims of a kind falling within r 10.42. Default judgment was entered because the respondent was in default, showed no desire to participate, the pleaded facts were deemed admitted, the Statement of Claim pleaded facts sufficient to establish entitlement to judgment in defamation, and the email was capable as a matter of law of sustaining one or more pleaded imputations.

Jurisdiction
Australia
Judgment Date
19 April 2024
Procedural Posture
Defamation Proceeding / Interlocutory Application for Leave to Proceed Against a Respondent Served Outside Australia and for Judgment in Default
Outcome
Leave to proceed granted; judgment in default entered against the respondent on the claim, with damages to be assessed; costs ordered; assessment of damages referred to a Registrar as referee.
Legal Topics
['service Outside Australia' 'leave to Proceed' 'default Judgment' 'assessment of Damages' 'referral to Referee']
['practice and Procedure' 'defamation'] ['service Outside Australia' 'leave to Proceed' 'default Judgment' 'assessment of Damages' 'referral to Referee']

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Procedural Posture

Defamation Proceeding / Interlocutory Application for Leave to Proceed Against a Respondent Served Outside Australia and for Judgment in Default

Legal Issues

  1. 1 ['Whether leave should be granted to proceed against the respondent pursuant to r 10.43D of the Federal Court Rules 2011 (Cth).' 'Whether judgment in default should be entered against the respondent pursuant to rr 5.23(2)(c) and 5.23(2)(d) of the Federal Court Rules 2011 (Cth).' "Whether the Statement of Claim pleaded facts sufficient to establish the applicant's entitlement to judgment in defamation, with damages to be assessed." 'Whether the email publication was capable, as a matter of law, of sustaining one or more of the pleaded imputations.']

Ratio Decidendi

Leave to proceed was granted because the respondent had been properly served, had not filed a Notice of Address for Service within the time specified by r 10.43C, and the Originating Application made claims of a kind falling within r 10.42. Default judgment was entered because the respondent was in default, showed no desire to participate, the pleaded facts were deemed admitted, the Statement of Claim pleaded facts sufficient to establish entitlement to judgment in defamation, and the email was capable as a matter of law of sustaining one or more pleaded imputations.

Court Disposition

Leave to proceed granted; judgment in default entered against the respondent on the claim, with damages to be assessed; costs ordered; assessment of damages referred to a Registrar as referee.

Orders

  • ['The applicant has leave to proceed against the respondent pursuant to r 10.43D of the Federal Court Rules 2011 (Cth).' 'Pursuant to r 5.23(2)(c), or alternatively r 5.23(2)(d) of the Rules, judgment be entered against the respondent on the claim, with damages to be assessed.' "The respondent pay the applicant's...