BOQ Equipment and Finance Limited v Harcourt
[2022] FedCFamC2G 559
Federal Circuit and Family Court of Australia
(DIVISION 2)
BOQ Equipment and Finance Limited v Harcourt [2022] FedCFamC2G 559
File number(s): BRG 124 of 2022 Judgment of: JUDGE EGAN Date of judgment: 1 July 2022 Catchwords: CONSUMER PROTECTION– Failure by the Respondent to enter appearance after service effected – repossession orders made Division: Division 2 General Federal Law Number of paragraphs: 2 Date of last submission/s: 1 July 2022 Date of hearing: 1 July 2022 Place: Brisbane Solicitor for the Applicant: Mills Oakley Respondent: Litigant in Person (did not appear) ORDERS
BRG 124 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: BOQ EQUIPMENT AND FINANCE LIMITED
Applicant
AND: NATHAN ROBERT HARCOURT
Respondent
order made by:
JUDGE EGAN
DATE OF ORDER:
1 JULY 2022
THE COURT ORDERS THAT:
1.The Respondent deliver up possession of the ‘2017 Kobelco SK25SR-6 Hydraulic Excavator 2560KG’, with Serial Number PV1440145 (Excavator), to the Applicant, within 14 days of the date of service of the orders made in accordance with this Application.
2.The Applicant (including by its agents), for the purpose of seizing the Excavator, be granted entry and access to the following premises (including any common property, car park, garage and/or place for storing mote vehicles/excavators related to, connected to, or adjoining the premises) located at:
(a)9 Newcastle Street, Morisset NSW 2264; and
(b)any other residential of commercial premises in Australia where the Excavator is reasonably believed by the Applicant to be located.
3.The Respondent be restrained from interfering or otherwise impeding the Applicant’s or its agents access in accordance with order 2 above.
4.The Respondent pay the costs of the Applicant in the sum of $5,152.30 (including filing fee of $1,680 and agent fees of $164.80 excl. GST) in accordance with Items 1, 10 and 11 of Division 2 Part 1 of Schedule 2 of the Federal Circuit Court and Family Court of Australia (Division 2) (General Federal Law) Rules 2021.
5.The Applicant effect service of a sealed copy of this order upon the Respondent by sending such Order by express post to 9 Newcastle Street, Morisset in the state of New South Wales.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
Judge Egan
The matter came on for hearing today in circumstances where the respondent has failed to enter an appearance either subsequent to service upon him of the originating application and supporting affidavit on 12 April 2022 nor after service upon the respondent on 23 June 2022 of submissions and other correspondence going to the question of the intention of the applicant to seek final orders at the hearing today.
In circumstances where I am told by the lawyer for the applicant that the respondent has made no attempt to contact either the applicant or the lawyers for the applicant, the court considers it appropriate that orders be made per draft orders forwarded to judge’s chambers by email from the applicant’s lawyers dated 27 June 2022 which email and annexures is marked exhibit 1.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate: JM
Dated: 1 July 2022
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