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Yuruga Nursery Pty Ltd v Australia Tea-Tree Management Limited

 

[2003] QSC 209

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

JONES J

Claim No 6 of 1999

YURUGA NURSERY PTY LTD

Plaintiff

and

 

AUSTRALIA TEA-TREE MANAGEMENT LIMITED

First Defendant

and

 

CLARENCE JAMES STEVENS

Second Defendant

and

 

IAN PHILIP JEFFERSON WASS

Third Defendant

CAIRNS

DATE 02/06/2003

JUDGMENT

HIS HONOUR: This is an application by the plaintiff seeking orders that the second and third defendants make disclosure to the plaintiff in compliance with rule 211 of the Uniform Civil Procedure Rules.

The pleadings in this matter closed on the 11th of July 2002, consequently, the compliance with the rules would have seen the disclosure being made within 28 days after that date. Neither the second or third defendants have done so, and in the material filed before me it appears that the second defendant has become bankrupt, and there is a letter from the trustee in bankruptcy indicating that he has no wish to maintain the defence.

Notwithstanding that, the provisions of the Bankruptcy Act require that leave be obtained before either commencing or maintaining an action against a bankrupt and such leave has not been sought in respect of the second defendant. I will decline, therefore, from making the order sought against the second defendant at this stage, and I will adjourn the application in respect of that defendant.

So far as the third defendant is concerned I am satisfied that he is aware of this application, the application having been served initially on his former solicitor, and having been sent to him by registered mail on the 16th of April 2003. The third defendant has made no appearance when called today.

The material before me discloses that since the closure of pleadings there have been a number of written requests by the solicitors for the plaintiff of the third defendant to disclose documents. These requests have been ignored without any reason being given as to why the third defendant has refused to comply with the rules.

In those circumstances, and in the face of complete disregard for the rules, I will make the order sought against the third defendant, and I propose also to order that he pay the costs of and incidental to this application.

My orders, therefore, will be that:

The third defendant makes disclosure to the plaintiff in compliance with rule 211 of the Uniform Civil Procedure Rules within 28 days of today's date;

I further order that the third defendant pay the plaintiff's costs of and incidental to this application to be assessed on a standard basis.

I adjourn the further consideration of the application so far as it affects the second defendant.

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Editorial Notes

  • Published Case Name:

    Yuruga Nursery Pty Ltd v Australia Tea-Tree Management Limited

  • Shortened Case Name:

    Yuruga Nursery Pty Ltd v Australia Tea-Tree Management Limited

  • MNC:

    [2003] QSC 209

  • Court:

    QSC

  • Judge(s):

    Jones J

  • Date:

    02 Jun 2003

Litigation History

No Litigation History

Appeal Status

No Status