Salim v Loh [2005] FCA 372

FEDERAL COURT OF AUSTRALIA

Salim v Loh [2005] FCA 372

PRACTICE AND PROCEDURE – pleadings – strike out motions – complex factual case pleaded – nature of case clear – small amounts of money involved – undue expense in requiring repleading – order dispensing with pleadings – statements of facts and contentions to be filed – security for costs – related proceedings – security for costs in one proceeding where applicant out of jurisdiction – stay order in related proceeding conditioned on non-compliance with security requirement in first proceedings – directions relating to conduct of trial

Trade Practices Act 1976 (Cth) s 52, s 82 Corporations Law ss 995 and 1005

Kurniadi v Loh [2005] FCA 49 cited IWAN SALIM v SIMON THUANG CHYE LOH, ROBERT ASHMAN, STEPHEN WILLIAM MARSHALL, NEIL HENRY POLLARD and OSTRICH MEAT & MARKETING COMPANY (AUSTRALIA) LTD (In liq) WAD9 of 2004 CHARLES LIAW and HERLINA SALIM v SIMON THUANG CHYE LOH, ROBERT ASHMAN, STEPHEN WILLIAM MARSHALL, NEIL HENRY POLLARD and OSTRICH MEAT & MARKETING COMPANY (AUSTRALIA) LTD (In liq) WAD10 OF 2004 FRENCH J 6 APRIL 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W9 OF 2004

BETWEEN: IWAN SALIM

APPLICANT

AND: SIMON THUANG CHYE LOH

FIRST RESPONDENT

ROBERT ASHMAN

SECOND RESPONDENT

STEPHEN WILLIAM MARSHALL

THIRD RESPONDENT

NEIL HENRY POLLARD

FOURTH RESPONDENT

OSTRICH MEAT & MARKETING COMPANY (AUSTRALIA) LTD

FIFTH RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 6 APRIL 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application is listed for further directions on 8 April 2005 at 9.30am. 2. The parties have liberty to submit any necessary corrections to the proposed orders attached to the reasons for judgment published herewith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.