Tay v Chong [2024] FCA 1327

Tay v Chong [2024] FCA 1327

For substantially the same reasons as stated in Yap v Chong [2024] FCA 1326, the Court upheld the interlocutory application and struck out specified paragraphs of the defence, granting leave to replead and ordering costs to be paid forthwith.

Parties
Applicant: Soon Kim Tay; First Respondent: John Tse-Liang Chong; Second Respondent: Austral Migration Consultancy Pty Ltd (ABN 15 601 686 042); Third Respondent: Austral Migration Consultancy SDN BHD (Malaysian Company Number 201201032377)
Jurisdiction
Australia
Judgment Date
18 November 2024
Procedural Posture
Interlocutory Application / Application to Strike Out Paragraphs of Defence
Outcome
Application to strike out paragraphs of defence upheld; respondents' paragraphs struck out; leave to replead; costs ordered against respondents
Legal Topics
Misleading or Deceptive Conduct, Striking Out Pleadings, Case Management
Commercial Law Corporations Law Consumer Protection Misleading or Deceptive Conduct Striking Out Pleadings Case Management

Case Brief

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Parties

Soon Kim Tay

Applicant

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

Procedural Posture

Interlocutory Application / Application to Strike Out Paragraphs of Defence

Legal Issues

  1. 1 Whether respondents engaged in misleading or deceptive conduct in breach of statutory proscriptions
  2. 2 Whether particular paragraphs of the defence should be struck out

Ratio Decidendi

For substantially the same reasons as stated in Yap v Chong [2024] FCA 1326, the Court upheld the interlocutory application and struck out specified paragraphs of the defence, granting leave to replead and ordering costs to be paid forthwith.

Court Disposition

Application to strike out paragraphs of defence upheld; respondents' paragraphs struck out; leave to replead; costs ordered against respondents

Orders

  • Paragraphs 8, 12, 17, 18, 19, 20, 25, 26, 28 and 29 of the defence struck out
  • Respondents have leave to replead a defence