Hoop and Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 2)

The case of Hoop & Javelin Holdings Limited v BT Projects Pty Limited (In Liq) (No 2) [2010] FCA 190 involved Hoop & Javelin Holdings Limited, a Maltese incorporated company, seeking default judgment against Intabill Inc, a company incorporated in the British Virgin Islands. The matter was heard in the Federal Court of Australia, General Division, Queensland District Registry, before Logan J. The primary issue before the court was whether Intabill Inc had committed a default under Order 35A of the Federal Court Rules, thereby permitting Hoop & Javelin Holdings Limited to enter a default judgment for the debt and liquidated damages claimed.

The court determined that Intabill Inc had indeed defaulted under Order 35A r 2(2) of the Federal Court Rules, primarily due to its failure to satisfy the claim and its non-appearance at the scheduling conference. Given this, the court found that the preconditions for the application of Order 35A r 3(2)(b) were met. The court held that Hoop & Javelin Holdings Limited was entitled to a grant of leave to enter judgment against Intabill Inc for the debt and liquidated damages claimed. Additionally, under Order 35A r 3(2)(b)(i) and (ii), the applicant was entitled to costs in a sum to be fixed by the court and interest. The court granted the leave accordingly and directed that the sum of debt, liquidated damages, costs, and interest be fixed by the registrar.

In summary, the Federal Court of Australia granted Hoop & Javelin Holdings Limited leave to enter a default judgment against Intabill Inc for the debt and liquidated damages claimed. The court also directed that the appropriate costs and interest be determined by the registrar, and further directions were set for the continuation of the proceedings.