Port Shipping Containers Pty Ltd v Booth
[2022] FedCFamC2G 558
Federal Circuit and Family Court of Australia
(DIVISION 2)
Port Shipping Containers Pty Ltd v Booth [2022] FedCFamC2G 558
File number(s): BRG 120 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: Celtic Legal Respondent: Litigant in person (did not appear) ORDERS
BRG 120 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: PORT SHIPPING CONTAINERS PTY LTD
Applicant
AND: MISS CHARLY BOOTH
Respondent
order made by:
JUDGE EGAN
DATE OF ORDER:
1 JULY 2022
THE COURT ORDERS THAT:
1.Pursuant to s. 100 of the National Credit Code, the Applicant is authorised, by itself, its servants or agents, to enter residential premises for the purpose of taking possession of the 20’ general purpose shipping container with registration number MEDU1260509 (First Container), and any keys to the First Container.
2.Pursuant to s. 100 of the National Credit Code, the Applicant is authorised, by itself, its servants or agents, to enter residential premises for the purpose of taking possession of the 20’ general purpose shipping container with registration number ECMU1955959 (Second Container), and any keys to the Second Container.
3.For the purpose of the enforcement of Orders 1 and 2 hereof, the Applicant and/or its duly authorised agent is permitted to enter and remain on any residential premises/land and is further authorised to take any and all steps which are reasonable and necessary in order to take possession of the First Container and Second Container from the following premises;
(a)35 Theen Avenue, Willaston SA 5118; and
(b)any other residential premises in Australia at which the First Container and Second Container is reasonably believed to be located.
4.The Respondent pay the Applicant’s costs fixed in the sum of $3,242.00.
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
In this matter, the applicant has failed to enter an appearance, both after service upon her of the originating application as well as upon subsequent service upon her of affidavit and correspondence material.
In circumstances where the applicant has made no attempt to enter an appearance, it is appropriate in the judgment of the Court that judgments be entered against her in terms of the draft orders forwarded to chambers by email dated 20 June 2022, which attached the relevant orders. That email and attachments shall be marked exhibit 1. Accordingly, orders shall be made as per the draft order, initialled by me
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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