Szumylo v Ixia Pty Ltd

[2002] HCATrans 368

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Adelaide  No A9 of 2002

B e t w e e n -

ANDREW MICHAEL SZUMYLO

Applicant

and

IXIA PTY LTD

Respondent

Application for special leave to appeal

GLEESON CJ
GAUDRON J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 17 SEPTEMBER 2002, AT 3.22 PM

Copyright in the High Court of Australia

GLEESON CJ:   In this matter the applicant, who has been convicted of fraud upon the respondent and who is an undischarged bankrupt, seeks special leave to appeal against orders made in proceedings in which he sought, amongst other orders, an order setting aside a default judgment entered in the Federal Court but treated as a judgment of the Supreme Court by reason of orders made by Master Burley pursuant to the Federal Courts (State Jurisdiction) Act 1999 (SA).

In the absence of material explaining the failure to file a defence or take steps to set aside the default judgment between May 1998 and April/October 1999 and sworn material indicating a defence to the claim, action to set aside the default judgment was and is bound to fail.  That being so, no purpose is to be achieved by granting the present application.  Special leave to appeal is refused with costs.

We will adjourn until 10.15 am on Tuesday, 1 October in Canberra.

AT 3.23 PM THE MATTER WAS CONCLUDED