21 Jun 2010
SIEMER AND ORS V FARDELL, AS EXECUTRIX OF THE ESTATE OF JOHN ROBERT FORTESQUE FARDELL HC AK CIV-2003-404-5782
- Citation
- openlaw-32721bab_78d4_44e1_8ca4_dcdb601be2f0.pdf
- Court
- High Court
The court declined to strike out the bankrupt plaintiff's claim because the Official Assignee's decision not to continue or assign the cause of action is subject to judicial review and may be overturned; the female plaintiff's claim was struck out unless she provided security for costs of $100,000 within 30 days because she provided no reasonable explanation for non‑compliance, had assets and the order was a lawful exercise of the court's discretion under r60 balanced against the defendant's rights; the company plaintiff's claim was struck out because it had been struck off the Companies Regi…