Page:Take-Two Interactive Software, Inc v Anderson.pdf/13

 15 The respondent's interlocutory application seeks the following orders:

16 The interlocutory application was first listed for hearing before me on 19 May 2021. That listing was subsequently adjourned to Monday, 21 June 2021 at the request of the respondent. There is nothing noteworthy about the adjournment itself, however, it was not until Friday, 18 June 2021 (approximately one-month after the original listing date) that a further affidavit to be relied on by the respondent in support of the interlocutory application was filed. This affidavit was affirmed by the respondent's solicitor, Mr Macinnis. His affidavit purported to reply to the affidavit evidence filed by the applicants, but most of its content is properly described as evidence in chief that sought to explain the respondent's default.

APPLICABLE PRINCIPLES

17 Rule 5.21 provides:

18 For the purposes of the Federal Court of Australia Act 1976 (Cth) ("the Act") and the Rules a judgment relevantly means a judgment or order, whether final or interlocutory.

19 The respondent seeks, in para 2 of his interlocutory application, an order "setting aside the default judgment" entered by reason of the operation of the self-executing order. I do not think Take-Two Interactive Software, Inc v Anderson [2021] FCA 1024