Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 5) [2013] FCA 1032

FEDERAL COURT OF AUSTRALIA

Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 5) [2013] FCA 1032 Citation: Oswal, in the matter of Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) v Carson, McEvoy and Theobald (Receivers and Managers) (No 5) [2013] FCA 1032

Parties: PANKAJ OSWAL v IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))

File number(s): WAD 370 of 2011

Judge(s): SIOPIS J

Date of judgment: 4 September 2013

Catchwords: PRACTICE AND PROCEDURE – the plaintiff had a substantial asset within the jurisdiction – whether an order for security for costs should be set aside. DISCOVERY – defendants had misapprehended the scope of the discovery required – whether orders for further and better discovery should be made.

Cases cited: Oswal v ANZ & Ors [2013] VSCA 156

Date of hearing: 4 September 2013

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 32

Counsel for the Plaintiff: Mr M Goldblatt

Solicitor for the Plaintiff: Murcia Pestell Hillard

Counsel for the Defendants: Mr K de Kerloy

Solicitor for the Defendants: Herbert Smith Freehills

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 370 of 2011

BETWEEN: PANKAJ OSWAL

Plaintiff

AND: IAN MENZIES CARSON, DAVID LAWRENCE MCEVOY AND SIMON GUY THEOBALD (IN THEIR CAPACITIES AS RECEIVERS AND MANAGERS OF BURRUP FERTILISERS PTY LTD (RECEIVERS AND MANAGERS APPOINTED) (ACN 095 441 151))