Federal Court of Australia
Federal Court of Australia
Tay v Chong [2024] FCA 1327 File number: WAD 77 of 2024
Judgment of: COLVIN J
Date of judgment: 18 November 2024
Catchwords: PRACTICE AND PROCEDURE - application to strike out paragraphs of defence - reasons as provided in related judgment, Yap v Chong [2024] FCA 1326 - leave granted to replead
Cases cited: Yap v Chong [2024] FCA 1326
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 9
Date of hearing: 6 November 2024
Counsel for the Applicant: Mr AC Willinge with Mr BJ Willesee
Solicitor for the Applicant: Gandhi and Shaw
Counsel for the Respondents: Mr JP Cook
Solicitor for the Respondents: Mendelawitz Morton
ORDERS WAD 77 of 2024
BETWEEN: SOON KIM TAY Applicant
AND: JOHN TSE-LIANG CHONG First Respondent
AUSTRAL MIGRATION CONSULTANCY PTY LTD (ABN 15 601 686 042) Second Respondent
AUSTRAL MIGRATION CONSULTANCY SDN BHD (MALAYSIAN COMPANY NUMBER 201201032377) Third Respondent
order made by: COLVIN J DATE OF ORDER: 6 NOVEMBER 2024
THE COURT ORDERS THAT:
1. Pursuant to rules 16.21(c) and (d) of the Federal Court Rules 2011 (Cth), paragraphs 8, 12, 17, 18, 19, 20, 25, 26, 28 and 29 of the defence dated 12 July 2024 be struck out. 2. The respondents have leave to replead a defence. 3. The respondents file and serve an amended defence on or before 27 November 2024. 4. The matter be listed for a case management hearing on 19 December 2024 at 10.45 am AWST. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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