Jafari v 23 Developments Pty Ltd

[2022] FCA 651

FEDERAL COURT OF AUSTRALIA

Jafari v 23 Developments Pty Ltd [2022] FCA 651  

Appeal from:	Jafari v 23 Developments Pty Ltd [2020] FCCA 2379
File number:	VID 636 of 2020
Judgment of:	ANDERSON J
Date of judgment:	2 June 2022
Catchwords:	PRACTICE AND PROCEDURE — continued non-compliance with Court orders — where appellant given repeated opportunities to comply with court orders — default judgment awarded under r 5.23 of Federal Court Rules 2011
Legislation:	Federal Court Rules 2011 (Cth)
Division:	General Division
Registry:	Victoria
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Number of paragraphs:	14
Date of hearing:	2 June 2022
Counsel for the Appellant:	The Appellant was self-represented
Counsel for the Respondent:	Ms B Evert
Solicitor for the Respondent:	SLF Lawyers

 

ORDERS

VID 636 of 2020

BETWEEN:

KOUROSH JAFARI

Appellant

AND:

23 DEVELOPMENT PTY LTD

Respondent

ORDER MADE BY:	ANDERSON J
DATE OF ORDER:	2 JUNE 2022

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

ANDERSON J:

1. This proceeding concerned an appeal brought by Mr Kourosh Jafari (Appellant), seeking to challenge the decision of Judge Burchardt in Jafari v 23 Developments Pty Ltd [2020] FCCA 2379. Before Judge Burchardt, Mr Jafari contended that the judgment creditor’s solicitor, Ms Bettina Evert, was not duly authorised to make an affidavit supporting a bankruptcy notice and as a consequence the bankruptcy notice was invalid and ought be set aside. Judge Burchardt rejected this ground of review.

2. The Appellant filed a notice of appeal on 23 September 2020.  The Appellant sought to relitigate various matters that were initially determined by Justice Elliot in the Supreme Court of Victoria in Jafari v 23 Developments Pty Ltd [2018] VSC 404.

3. On 7 July 2021 I set the matter down to be heard on 16 March 2022.  On that day I also made the following orders to prepare the matter for appeal:

   4         In accordance with Practice Note APP2:

   (a) by 30 July 2021, the appellant file and serve the appellant’s complete parts A and B of the Appeal Book;

   (b) by 4:00 p.m. on 6 August 2021, the appellant file and serve on the respondent an outline of submissions and chronology of the relevant events;

   (c) by 4:00 p.m. on 27 August 2021, the respondent file and serve on the appellant an outline of submissions, a chronology of the relevant events and a list of materials to be included in part C of the Appeal Book;

   (d) by 4:00 p.m. on 3 September 2021, the appellant file and serve on the respondent any submissions in reply;

   (e) by 4:00 p.m. on 10 September 2021, the appellant file and serve on the respondent part C of the Appeal Book.

   5 The submissions referred to in Order 4 of these Orders are not to exceed 10 pages in length, including any annexures.

   6 By 4:00 p.m. on…