Ananda Marga Pracaraka Samgha Ltd (ACN 003 193 897) v Tomar [2010] FCA 565

Ananda Marga Pracaraka Samgha Ltd (ACN 003 193 897) v Tomar [2010] FCA 565

The application to strike out the impugned affidavit material was premature because, particularly in the absence of pleadings, the Court could not safely determine the relevance or admissibility of the material concerning religious governance, company membership and directorship, and possible future relief. Pleadings were required to define the issues and facilitate assessment of relevance, so the notice of motion was stood over rather than determined.

Jurisdiction
Australia
Judgment Date
03 June 2010
Procedural Posture
Application Under O 14 R 8 of the Federal Court Rules to Strike Out Scandalous or Oppressive Matter in Affidavits / Notice of Motion Filed on 27 May 2010 Heard Before Pleadings; Directions Orders Made
Outcome
Notice of motion stood over to a date to be fixed; proceeding ordered to continue by pleadings; costs reserved.
Legal Topics
['strike Out Scandalous or Oppressive Affidavit Material' 'early Rulings on Admissibility' 'relevance in Absence of Pleadings' 'company Directors and Members' 'company Constitution']
['practice and Procedure' 'corporations'] ['strike Out Scandalous or Oppressive Affidavit Material' 'early Rulings on Admissibility' 'relevance in Absence of Pleadings' 'company Directors and Members' 'company Constitution']

Case Brief

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Procedural Posture

Application Under O 14 R 8 of the Federal Court Rules to Strike Out Scandalous or Oppressive Matter in Affidavits / Notice of Motion Filed on 27 May 2010 Heard Before Pleadings; Directions Orders Made

Legal Issues

  1. 1 ['Whether paragraphs in seven affidavits filed on behalf of the defendants should be struck out or the affidavits taken off the file under O 14 r 8 of the Federal Court Rules as scandalous or oppressive.' 'Whether it was premature, particularly in the absence of pleadings, to rule on the admissibility or relevance of the impugned affidavit material.' 'Whether the impugned material concerning Ananda Marga religious governance, scriptures, standing and external bodies was arguably relevant to the dispute over membership and directorship of AMPS Ltd.']

Ratio Decidendi

The application to strike out the impugned affidavit material was premature because, particularly in the absence of pleadings, the Court could not safely determine the relevance or admissibility of the material concerning religious governance, company membership and directorship, and possible future relief. Pleadings were required to define the issues and facilitate assessment of relevance, so the notice of motion was stood over rather than determined.

Court Disposition

Notice of motion stood over to a date to be fixed; proceeding ordered to continue by pleadings; costs reserved.

Orders

  • ['The plaintiffs file and serve a statement of claim on or before 11 June 2010.' 'The defendants file and serve a defence and any counter-claim on or before 30 June 2010.' 'The plaintiffs file and serve any reply and any defence to any counter-claim on or before 9 July 2010.' 'Paragraph 8 of the Order made on 31...