CARNEGIE CAPITAL PTY LTD -v- INTERSTYLE BUILDING PTY LTD & ORS [2004] WASC 65
| Link to Appeal : |
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2004] WASC 65 | |
| Case No: | CIV:1943/2001 | 1 APRIL 2004 | |
| Coram: | MASTER SANDERSON | 6/04/04 | |
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Judgment entered against second defendant, Application by second defendant for extension of time to file defence dismissed, Application by second defendant to set aside default judgment dismissed | ||
| B | |||
| PDF Version |
| Parties: | CARNEGIE CAPITAL PTY LTD (ACN 079 552 051) INTERSTYLE BUILDING PTY LTD (ACN 071 021 952) STELLEC PTY LTD (ACN 068 359 188) CLAYTON RAMSAY TRACEY RAMSAY |
Catchwords: | Practice and procedure Application by plaintiff for leave to enter judgment against second defendant Application by second defendant for extension of time to file defence Application by third defendant to set aside default judgment Turns on own facts |
Legislation: | Nil |
Case References: | Gibbings v Strong (1884) 26 Ch D 66 Palmer v Prince [1980] WAR 61 Wiedenhofer v The Commonwealth (1970) 122 CLR 172 ACCC v Bio Enviro Plan Pty Ltd [2003] FCA 232 Compaq Computer Australia Pty Ltd v Merry, unreported; Fed Ct; 14 August 1998 Faithful v Woodley (1890) 43 Ch D 287 Noden v Mason [1926] VLR 41 Parker v Transfield Pty Ltd & Anor [2000] WASCA 382 Patten v Burke Publishing Co Ltd [1991] 1 WLR 541 Pereira v DPP (1989) 82 ALR 217 Termijtelen v Van Arkel [1974] 1 NSWLR 525 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
- Plaintiff
AND
INTERSTYLE BUILDING PTY LTD (ACN 071 021 952)
First Defendant
STELLEC PTY LTD (ACN 068 359 188)
Second Defendant
CLAYTON RAMSAY
TRACEY RAMSAY
Third Defendants
Catchwords:
Practice and procedure - Application by plaintiff for leave to enter judgment against second defendant - Application by second defendant for extension of time to file defence - Application by third defendant to set aside default judgment - Turns on own facts
(Page 2)
Legislation:
Nil
Result:
Judgment entered against second defendant
Application by second defendant for extension of time to file defence dismissed
Application by second defendant to set aside default judgment dismissed
Category: B
Representation:
Counsel:
Plaintiff : Mr M L Bennett
First Defendant : Ms C A Bahemia
Second Defendant : Ms C A Bahemia
Third Defendants : Ms C A Bahemia
Solicitors:
Plaintiff : Bennett & Co
First Defendant : Hammond Worthington
Second Defendant : Hammond Worthington
Third Defendants : Hammond Worthington
Case(s) referred to in judgment(s):
Gibbings v Strong (1884) 26 Ch D 66
Palmer v Prince [1980] WAR 61
Wiedenhofer v The Commonwealth (1970) 122 CLR 172
Case(s) also cited:
ACCC v Bio Enviro Plan Pty Ltd [2003] FCA 232
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- [2004] WASC 65
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