Stuart Alexander & Co Pty Ltd v Trans-Atlantic (SA) (Pty) Ltd & Ors [2005] FCA 490

Stuart Alexander & Co Pty Ltd v Trans-Atlantic (SA) (Pty) Ltd & Ors [2005] FCA 490

The plaintiff had filed evidence of service and an affidavit setting out particulars of the claim, including loss and damage, and had complied with O 35A; the Court therefore entered summary judgment for the plaintiff for $80,172.34 with interest calculated in accordance with the Rules.

Jurisdiction
Australia
Judgment Date
27 April 2005
Procedural Posture
Motion for Summary Judgment / Notice of Motion Dated 17 February 2005 Seeking Summary Judgment Under O 35 a R 3 of the Federal Court Rules
Outcome
Summary judgment for the plaintiff.
Legal Topics
['summary Judgment' 'default Judgment' 'federal Court Rules']
['practice and Procedure'] ['summary Judgment' 'default Judgment' 'federal Court Rules']

Case Brief

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Procedural Posture

Motion for Summary Judgment / Notice of Motion Dated 17 February 2005 Seeking Summary Judgment Under O 35 a R 3 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether summary judgment should be entered for the plaintiff under O 35A r 3 of the Federal Court Rules where the respondent was in default.' 'Whether the plaintiff had complied with the requirements of O 35A in support of its claim for liquidated damages, costs and interest.']

Ratio Decidendi

The plaintiff had filed evidence of service and an affidavit setting out particulars of the claim, including loss and damage, and had complied with O 35A; the Court therefore entered summary judgment for the plaintiff for $80,172.34 with interest calculated in accordance with the Rules.

Court Disposition

Summary judgment for the plaintiff.

Orders

  • ['There be summary judgment for the plaintiff.' "The defendant to pay the plaintiff's costs fixed in the sum of $80,172.34, together with interest to be calculated in accordance with the Rules."]