Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Sibir v Glanville [2000] FCA 1108 PRACTICE AND PROCEDURE – summary dismissal – whether reasonable cause of action pleaded – whether applicant should be given opportunity to replead. Income Tax Assessment Act 1936 (Cth), ss 177, 185, 187, 188, 189 Fair Trading Act 1987 (NSW), ss 42, 68. Federal Court Rules, O 20 r 2. Sibir v Glenville [2000] FCA 968, cited. General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125, cited. Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87, cited. ALEX SIBIR v DAREN GLANVILLE & ORS N 413 of 2000 SACKVILLE J 14 AUGUST 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 413 OF 2000
BETWEEN: ALEX SIBIR
APPLICANT
AND: DAREN GLANVILLE
FIRST RESPONDENT
RICHARD CHAN
SECOND RESPONDENT
OHNMAR KHIN
THIRD RESPONDENT
RON THOMPSON
FOURTH RESPONDENT JUDGE: SACKVILLE J
DATE OF ORDER: 14 AUGUST 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondents' costs of the proceedings, including the costs of the motion filed on 25 July 2000. 3. The applicant pay the costs of the Commissioner of Taxation, in so far as they are not covered by Order 2. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 413 OF 2000
BETWEEN: ALEX SIBIR
APPLICANT
AND: DAREN GLANVILLE
FIRST RESPONDENT
RICHARD CHAN
SECOND RESPONDENT
OHNMAR KHIN
THIRD RESPONDENT
RON THOMPSON
FOURTH RESPONDENT
JUDGE: SACKVILLE J
DATE: 14 AUGUST 2000
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