Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tox Free Solutions Limited v Kumarasamy [2020] FCA 762 File number: WAD 36 of 2020
Judge: JACKSON J
Date of judgment: 2 June 2020
Catchwords: PRACTICE AND PROCEDURE - pleadings - application for further and better particulars - where respondents have not yet filed a defence - whether necessary or desirable - no justification for order for further and better particulars before defence - application dismissed
Legislation: Australian Consumer Law s 18 Federal Court Rules 2011 (Cth) rr 16.41, 16.43, 16.45
Cases cited: Australian Securities and Investments Commission v Kobelt [2014] FCA 737
Date of hearing: 2 June 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 39
Counsel for the Applicant: Mr MD Cuerden SC
Solicitor for the Applicant: SRB Legal
Counsel for the First Respondent: The first respondent appeared in person
Counsel for the Second Respondent: Ms JA Thornton
Solicitor for the Second Respondent: Gilchrist Connell
ORDERS WAD 36 of 2020
BETWEEN: TOX FREE SOLUTIONS LIMITED Applicant
AND: AMUTHAVALLI KUMARASAMY First Respondent
CONLON MANAGEMENT PTY LTD (ACN 087 015 861) TRADING UNDER THE BUSINESS NAME OF PENDRAGON MANAGEMENT Second Respondent
JUDGE: JACKSON J DATE OF ORDER: 2 JUNE 2020
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