Australian Forest Managers Ltd (In Liq) v. Bramley, R.V. & Ors [1994] FCA 861

JUDGMENT No «2.2. mal ectetoen

NOT FOR DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 3099 of 1994 GENERAL DIVISION )

IN_THE MATIER OF:

Australian Forest Managers Limited (In Liquidation) BETWEEN: ACN 003 359 411 AUSTRALIAN FOREST MANAGERS LIMITED (IN LIQUIDATION) ACN 003 359 411 Applicant

ROGER VANET BRAMLEY First Respondent

BRIAN ALEXANDER SMIBERT Second Respondent

GRAHAM BRADSHAW HOUSTON Third Respondent

JENNIFER MARGARET SMIBERT Fourth Respondent

CORAM: LINDGREN J PLACE: SYDNEY DATE: 8 NOVEMBER 1994 21 NOV 1994 FEDERAL COURT U AUSTRALIA PRINCIPAL ' REGISTRY t/ INTRODUCTION

On 8 November 1994 I made orders and gave brief reasons in relation to two motions brought by the respondents in these proceedings. On that date I indicated that I would publish my reasons in edited and slightly more elaborate form later.

Theses are those reasons.

By two notices of motion the respondents seek orders under Order 20 r. 2 or alternatively Order 11 r. 16 of the Federal Court Rules. One motion is brought by the first and third respondents and the other is brought by the second and fourth respondents. In summary the objective is to obtain either a dismissal or permanent stay of the proceedings on the one hand, or a striking out of certain paragraphs of the amended statement of claim on the other hand. In my view a case is not made out by the respondents for a dismissal or permanent stay but a case is made out for the striking out of certain

paragraphs of the statement of claim.

In summary, the application is one by a company in liquidation (I will, as the amended statement of claim does, refer to the company as "AFM") against the first three respondents who were its directors and controllers at the relevant time, and against the fourth respondent, to whom I will refer as "Mrs Smibert", who was at the relevant time the wife of the second