Australian Securities Commission v MacLeod

Case [1994] FCA 901


901 q t

JUDGMENT No. .....-........ l - . .

CATCHWORDS

PRACTICE AND PROCBDURE - Where final judgment sought against respondent pursuant to 0 10 r 7, applicant must support motion for judgment with material in legally admissible form

sufficient to prove: Court's jurisdiction, circumstances

justifying grant of discretionary remedy and facts necessary to prove entitlement to re1 ief claimed under judgment applied for.

orwratione - S 1323
rt of A - Act 1976 - s 4

Pedetal - 0 l r 4, 0 4 rr 1 and 6, 0 10, 0 10 r 1, 0 l0 r 1(2), 0 10 r 7, 0 10 r 7(l)(b), 0 11 r 13, 0 11 r 23, 0 14 r 9(3), 0 15 r 16, 0 16 r 9, 0 19 rr l(2) and 2(1), O 3 3 r 2 , O 3 3 r 3

-V (1990) 27 F.C.R.
388 Considered
S Ptv. L& v m 0 Ptv. LtdL (1992) 36 F.C.R.
&-v of Rev- (1890) 25 Q.B.D. 65
Referred to

v ppie (1951) 84 C.L.R. 362 Referred to

Pearce v Butfon (1986) 8 P.C.R. 408 Referred to

v m (1888) 58 L.T. 710 Referred to

v loo I n d u a t r i e e P t v . L t d . (1986) 66
-

A.L.R. 537 Referred to

m v [l8921 2 Ch. 135 Considered
Brisbane
U THE COURT OF A U S T W ) No. QG 3011 of 1992
DIS- 1
- 1

I N THE MATTER OF ROBERT JAMES MACLEOD AND OTHERS

Applicant

-

F i r s t Respondent
A.C.N. 001506332

Second Respondent

STUD-

A.C.N. 051750442

Third Respondent

S PTY. m

A.C.N. 055168128

Fourth Respondent

PTY. LTe,

A.C.N. 055168155
F i f t h Respondent
Drummond J
10 November, 1994
Brisbane
  1. The matter is adjourned t o Tuesday, 22 November,

    1994 a t 9.00 a.m.

R)TE: 
Settlement and  e n t r y of orders is d e a l t with i n
Order 36 of t h e - .
OF AUSTRALIB ) No. QG 3011 of 1992

)

1

IN THE MATTER OF ROBERT JAMES MACLEOD AND OTHERS

Applicant

-

First Respondent

A.C.N. 001506332

Second Respondent

A.C.N. 051750442

Third Respondent

A.C.N. 055168128

Fourth Respondent

- A.C.N. 055168155

Fifth Respondent

!22UJll:  Drummond J
RkfiQ:  10 November, 1994
Z h Q :  Brisbane

This is an application by the applicant in the

proceedings for judgment in the action pursuant to 0. 10, r.

7(l)(b) the pederal Court against all respondents.

A defence has been filed by all the respondents, but they have failed to comply with a direction given pursuant to

0. 10, r. 1 that required them to file and serve further

particulars of this defence by 20 October, 1993. A direction to furnish these particulars was first given in May 1993. This direction was by consent and fixed a date for "the respondentsm to file and serve the particulars. Subsequently, objection was taken by the respondents to providing some…

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AGLC
Australian Securities Commission v MacLeod [1994] FCA 901
Case
[1994] FCA 901
Decision Date

CaseChat Overview and Summary

In the matter of Robert James MacLeod and others, the Australian Securities Commission (Applicant) filed an application in the Federal Court seeking final judgment against all respondents. The respondents filed a defense but failed to comply with a direction given under Order 10, rule 1 of the Federal Court Rules to file and serve further particulars of their defense by a specific date. The court had to decide whether the applicant needed to present evidence to prove their entitlement to the judgment claimed under Order 10, rule 7(1)(b) of the Federal Court Rules.

The court held that an applicant seeking final judgment against a respondent who has defaulted in complying with a direction or other procedural step must provide evidence sufficient to prove their entitlement to the judgment claimed. The court must be satisfied of its jurisdiction, the circumstances justifying the grant of the discretionary remedy, and all the facts necessary to prove the applicant's entitlement to the relief claimed under the judgment applied for. The applicant has filed material sufficient to entitle it to final judgment in the action.

The court granted final orders in the case, at least in terms of paragraphs 1, 2A, 3A, 4, and 4A of the amended application filed on 11 March 1993. The applicant is also entitled to an order against the respondents for the payment of its costs of and incidental to the proceedings.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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