Triangle Cables (Aust) Pty Ltd v Czuchwicki

[2012] FCA 718

FEDERAL COURT OF AUSTRALIA

Triangle Cables (Aust) Pty Ltd v Czuchwicki [2012] FCA 718

Citation:		Triangle Cables (Aust) Pty Ltd v Czuchwicki [2012] FCA 718
Parties:		TRIANGLE CABLES (AUST) PTY LTD (ACN 006 373 824) v STAN CZUCHWICKI
File number:		VID 230 of 2011
Judge:		GRAY J
Date of judgment:		21 June 2012
Legislation:		Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules 2011 r 16.07(2)
Cases cited:		Triangle Cables (Aust) Pty Ltd v Czuchwicki [2011] FCA 1537, cited
Date of hearing:	21 June 2012
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	18
Counsel for the applicant:	Mr G Moore
Solicitor for the applicant:	Goldsmiths
Counsel for the respondent:	The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 230 of 2011

BETWEEN:	TRIANGLE CABLES (AUST) PTY LTD (ACN 006 373 824) Applicant
AND:	STAN CZUCHWICKI Respondent

JUDGE:	GRAY J
DATE OF ORDER:	21 JUNE 2012
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The time fixed by paragraph 4 of the order made on 13 December 2011 be extended until 20 February 2012.

2.The applicant’s damages for the purposes of paragraph 1(a) of the order made on 13 December 2011 are assessed at $217,600.

3.The respondent pay to the applicant the sum of $217,600, together with interest on that sum from the date of commencement of the proceeding to the date of this order in the sum of $23,009.39.

4.The respondent pay the applicant’s costs of the proceeding incurred since the order made on 13 December 2011.

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

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 230 of 2011

BETWEEN:	TRIANGLE CABLES (AUST) PTY LTD (ACN 006 373 824) Applicant
AND:	STAN CZUCHWICKI Respondent

JUDGE:	GRAY J
DATE:	21 JUNE 2012
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. On 13 December 2011, I gave judgment in this proceeding, consequent upon default of the respondent in complying with orders of the Court for the management of the case and its preparation for trial.  My reasons for judgment given on that day are published as Triangle Cables (Aust) Pty Ltd v Czuchwicki [2011] FCA 1537.

2. The relevant paragraphs of the order that I made on that day are as follows:

   1.        Judgment be entered for the applicant against the respondent:

   (a)       for damages or equitable compensation to be assessed;

   (b)       for the injunctive relief referred to in paragraph 2 of this order;  and

   (c)       for the costs of the proceeding to date.

   …

   3.        The assessment of damages or equitable compensation be by affidavit         evidence.

   4.        On or before 14 February 2012, the applicant file and serve any affidavit on          which it may seek to rely on the assessment of damages or equitable   compensation.

   5.        On or before 28 February 2012, the respondent file and serve any affidavit on        which he may seek to rely on the assessment of damages…