Chang v Haughton, in the matter of Haughton [2021] FCA 765

Chang v Haughton, in the matter of Haughton [2021] FCA 765

The interlocutory application was dismissed because Mr Haughton was in default under the rules by failing to serve affidavits by the ordered time and failing to attend the hearing; the discretionary considerations also favoured dismissal.

Parties
First Applicant: Fui Sak Chang; Second Applicant: Chin Suk Kiew; Respondent: Peter Scott Haughton
Jurisdiction
Australia
Judgment Date
02 July 2021
Procedural Posture
Interlocutory Application / Dismissal of Stay Application Upon Default
Outcome
interlocutory application dismissed; costs ordered against respondent
Legal Topics
Stay of Sequestration Order, Default of Applicant, Dismissal of Interlocutory Application
Bankruptcy Practice and Procedure Stay of Sequestration Order Default of Applicant Dismissal of Interlocutory Application

Case Brief

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Parties

Fui Sak Chang

First Applicant

Chin Suk Kiew

Second Applicant

Peter Scott Haughton

Respondent

Procedural Posture

Interlocutory Application / Dismissal of Stay Application Upon Default

Legal Issues

  1. 1 Whether Mr Haughton was in default under r 5.22 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether the interlocutory application for stay should be dismissed for non-compliance and non-attendance

Ratio Decidendi

The interlocutory application was dismissed because Mr Haughton was in default under the rules by failing to serve affidavits by the ordered time and failing to attend the hearing; the discretionary considerations also favoured dismissal.

Court Disposition

interlocutory application dismissed; costs ordered against respondent

Orders

  • The interlocutory application filed by Mr Haughton on 21 June 2021 is dismissed.
  • Mr Haughton is to pay the Applicants' costs of and incidental to his application filed on 21 June 2021 with those costs to be taxed in default of agreement.