Doig, S.J. & Anor v. Remagen Pty Ltd & Anor [1985] FCA 563

Doig, S.J. & Anor v. Remagen Pty Ltd & Anor [1985] FCA 563

The first respondent (a corporation) failed to show sufficient grounds to appear without a solicitor, and the respondents failed to comply with discovery obligations and orders. In the absence of compliance within a specified period, the applicants are entitled to enter judgment.

Parties
Applicant: Stuart John Doig; Applicant: Dianne Margaret Doig; Respondent: Remagen Pty. Ltd.; Respondent: Kevin Edward Gilbee
Jurisdiction
Australia
Judgment Date
18 July 1985
Procedural Posture
Application for Rescission of Contract and Repayment / Interlocutory Applications; Compliance With Discovery Orders
Outcome
Interlocutory orders; no final judgment entered; orders for compliance with discovery and costs orders made
Legal Topics
Corporate Appearance, Discovery of Documents, Self Executing Order, Misleading and Deceptive Conduct, Leave for Corporation to Appear Unrepresented
Practice and Procedure Trade Practices Corporate Appearance Discovery of Documents Self Executing Order Misleading and Deceptive Conduct Leave for Corporation to Appear Unrepresented

Case Brief

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Parties

Stuart John Doig

Applicant

Dianne Margaret Doig

Applicant

Remagen Pty. Ltd.

Respondent

Kevin Edward Gilbee

Respondent

Procedural Posture

Application for Rescission of Contract and Repayment / Interlocutory Applications; Compliance With Discovery Orders

Legal Issues

  1. 1 Whether the first respondent (a corporation) may appear without a solicitor
  2. 2 Whether the respondents have complied with discovery obligations under Federal Court Rules
  3. 3 Whether the applicants are entitled to judgment due to non-compliance with discovery orders

Ratio Decidendi

The first respondent (a corporation) failed to show sufficient grounds to appear without a solicitor, and the respondents failed to comply with discovery obligations and orders. In the absence of compliance within a specified period, the applicants are entitled to enter judgment.

Court Disposition

Interlocutory orders; no final judgment entered; orders for compliance with discovery and costs orders made

Orders

  • Application for leave by first respondent to defend proceeding without a solicitor refused
  • Respondents' notice of motion dated 7th June 1985 dismissed