A1 for Maintenance Pty Ltd v SG Excellence WA Pty Ltd [2018] FCA 355

A1 for Maintenance Pty Ltd v SG Excellence WA Pty Ltd [2018] FCA 355

Given Mr Singh's sole directorship and shareholding, previous legal representation, financial circumstances, and the ability to keep the dispensation under review, leave was granted for Mr Singh to appear for the corporate respondent until further order. Reasonable steps to obtain documents from a third party were directed in context of disputed discovery.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Practice and Procedure; Commercial / Interlocutory Orders Re: Representation; Discovery
Outcome
Leave granted for non-lawyer representation; directions for third party discovery; matter adjourned.
Legal Topics
['corporate Representation' 'discovery' 'franchise Agreements' 'australian Consumer Law']
['practice and Procedure' 'commercial Law'] ['corporate Representation' 'discovery' 'franchise Agreements' 'australian Consumer Law']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure; Commercial / Interlocutory Orders Re: Representation; Discovery

Legal Issues

  1. 1 ['Whether leave should be granted for a corporate respondent to be represented by a non-lawyer under r 4.01(2) of the Federal Court Rules 2011 (Cth)' 'Directions for discovery when documents are claimed to be held by a third party']

Ratio Decidendi

Given Mr Singh's sole directorship and shareholding, previous legal representation, financial circumstances, and the ability to keep the dispensation under review, leave was granted for Mr Singh to appear for the corporate respondent until further order. Reasonable steps to obtain documents from a third party were directed in context of disputed discovery.

Court Disposition

Leave granted for non-lawyer representation; directions for third party discovery; matter adjourned.

Orders

  • ['Dispensation from rule 4.01(2) granted to allow the first respondent to proceed via second respondent until further order.' 'Respondents to take reasonable steps to obtain discovery documents from Impeccable Carwash and attend next hearing with documents.' 'Matter adjourned to 6 April 2018 for further...