Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Heng V (Australia) Pty Ltd v Wang [2009] FCA 922
PRACTICE AND PROCEDURE – case-management – judgment in default of compliance with orders for discovery and inspection of documents – persistent refusal to make documents available for inspection – whether principle that a party should not be made to suffer a judgment for a large sum of money without being entitled to a trial and judgment of all of the issues in a proceeding to which that person is a party – relevance of case-management powers and principles Trade Practices Act 1974 (Cth), ss 52, 75B Federal Magistrates Court Rules 2001 (Cth), rr 13.03, 13.03A, 13.03B, Pt 14 House v The King (1936) 55 CLR 499 applied Freeman v Rabinov [1981] VR 539 not followed State of Queensland v JL Holdings Pty Ltd (1997) 141 ALR 353 not followed Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 followed
HENG V (AUSTRALIA) PTY LTD (ACN 101 665 785) and TIANFU LI v QI WANG
VID 304 of 2008
GRAY J
20 AUGUST 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
general division VID 304 of 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: HENG V (AUSTRALIA) PTY LTD (ACN 101 665 785)
First Appellant
TIANFU LI
Second Appellant
AND: QI WANG
Respondent
JUDGE: GRAY J
DATE OF ORDER: 20 AUGUST 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeals be dismissed. 2. The appellants pay the respondent's costs of the appeals. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 304 of 2008
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