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)
ApplicantAND: 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)
ApplicantAND: STAN CZUCHWICKI
Respondent
JUDGE:
GRAY J
DATE:
21 JUNE 2012
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
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.
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…
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- AGLC
- Triangle Cables (Aust) Pty Ltd v Czuchwicki [2012] FCA 718
- Case
- [2012] FCA 718
- Decision Date
CaseChat Overview and Summary
The court examined the reasons for extending the interlocutory injunction and determined that there was sufficient justification for the extension to 20 February 2012. The assessment of damages for the applicant's loss was based on the loss of profit and the loss of the opportunity to recover the cost of the cables supplied. The court calculated the damages at $217,600. The court also considered the interest on the damages from the date of commencement of the proceeding to the date of the order, which amounted to $23,009.39. Finally, the court ordered the respondent to pay the applicant's costs of the proceeding incurred since the order made on 13 December 2011.
The court made several orders, including extending the time fixed by the interlocutory injunction, assessing the applicant's damages, ordering the respondent to pay the damages, and ordering the respondent to pay the applicant's costs of the proceeding incurred since the interlocutory injunction was granted. The orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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