Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 4) [2006] FCA 447

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 4) [2006] FCA 447

The Court will rule that only those parts of the witness statements which have been found to be inadmissible will be excluded from evidence if tendered; a general strike out order is inappropriate.

Parties
First Applicant: Fubilan Catering Services Limited (Incorporated in Papua New Guinea); Second Applicant: Mineral Resources Star Mountains Limited (Incorporated in Papua New Guinea); First Respondent/first Cross Claimant: Compass Group (Australia) Pty Ltd (ACN 000 683 125); Second Respondent/second Cross Claimant: Eurest (South Pacific) Limited (Incorporated in Papua New Guinea); Third Respondent/third Cross Claimant: Compass Group PLC (Incorporated in the United Kingdom); First Cross Respondent: Morocco Holdings Pty Ltd (ACN 061 311 984); Second Cross Respondent: William Fenwick
Jurisdiction
Australia
Judgment Date
26 April 2006
Procedural Posture
Motion / Ruling on Admissibility of Witness Statements, Pre Trial
Outcome
Witness statements are admissible except for parts found inadmissible; strike out application refused; costs reserved.
Legal Topics
Admissibility of Evidence, Witness Statements, Objections, Strike Out Applications
Practice and Procedure Admissibility of Evidence Witness Statements Objections Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Fubilan Catering Services Limited (Incorporated in Papua New Guinea)

First Applicant

Mineral Resources Star Mountains Limited (Incorporated in Papua New Guinea)

Second Applicant

Compass Group (Australia) Pty Ltd (ACN 000 683 125)

First Respondent/first Cross Claimant

Eurest (South Pacific) Limited (Incorporated in Papua New Guinea)

Second Respondent/second Cross Claimant

Compass Group PLC (Incorporated in the United Kingdom)

Third Respondent/third Cross Claimant

Morocco Holdings Pty Ltd (ACN 061 311 984)

First Cross Respondent

William Fenwick

Second Cross Respondent

Procedural Posture

Motion / Ruling on Admissibility of Witness Statements, Pre Trial

Legal Issues

  1. 1 Whether and which parts of applicants' and cross-respondents' witness statements should be admissible in evidence
  2. 2 Whether a strike out order is appropriate prior to trial

Ratio Decidendi

The Court will rule that only those parts of the witness statements which have been found to be inadmissible will be excluded from evidence if tendered; a general strike out order is inappropriate.

Court Disposition

Witness statements are admissible except for parts found inadmissible; strike out application refused; costs reserved.

Orders

  • Witness statements filed by the applicants and cross-claimants will be admissible in evidence subject to those parts of the statements which have been found to be inadmissible in the Reasons for Judgment published today.
  • The costs of the motion be reserved.