Annamalay v Ng

Case [2007] WADC 217


ANNAMALAY & ANOR -v- NG & ANOR [2007] WADC 217



DISTRICT COURT OF WESTERN AUSTRALIACitation No:[2007] WADC 217
Case No:CIV:2875/200314 NOVEMBER 2007
Coram:KEEN DCJ20/12/07
PERTH
25Judgment Part:1 of 1
Result: Appeal dismissed
PDF Version
Parties:HARRIDAS ANNAMALAY
PARIMALAM ANNAMALAY
NEE YONG NG
GAUT KEM HENG

Catchwords:

Springing order for particulars
Failure to comply
Refusal to set aside judgment or extend time for compliance
Contumelious disregard of Court's order

Legislation:

Corporations Act 2001
Trade Practices Act 1987

Case References:

Chesson v Green [2002] WASCA 67
Cropper v Smith (1884) 26 Ch D 700
Dow Corning Australia Pty Ltd v Dirys [2001] WASCA 361
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268
Gardner Corp Pty Ltd v Zed Bears Pty Ltd [2003] WASC 13
Johnson v Gore Wood & Co (A Firm) [2002] 2 AC 1
Kellogg Brown & Root Pty Ltd v Douglas Partners Pty Ltd [2007] WASCA 275
Magenta Nominees Pty Ltd v Bonini [1999] WASCA 249
Osgood v Wham [2007] WASCA 178
Re; Jokai Tea Holdings [1992] 1 WLR 1196
Thomas v D'Arcy (2005) 52 ACSR 609
Tipperary Developments Pty Ltd v State of Western Australia [2004] WASCA 15
Walthamstow Pty Ltd v Giovinazzo [2003] WASC 249


JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
LOCATION : PERTH CITATION : ANNAMALAY & ANOR -v- NG & ANOR [2007] WADC 217 CORAM : KEEN DCJ HEARD : 14 NOVEMBER 2007 DELIVERED : 21 DECEMBER 2007 FILE NO/S : CIV 2875 of 2003 BETWEEN : HARRIDAS ANNAMALAY
    First Appellant

    PARIMALAM ANNAMALAY
    Second Appellant

    AND

    NEE YONG NG
    First Respondent

    GAUT KEM HENG
    Second Respondent

Catchwords:

Springing order for particulars - Failure to comply - Refusal to set aside judgment or extend time for compliance - Contumelious disregard of Court's order


(Page 2)



Legislation:

Corporations Act 2001


Trade Practices Act 1987

Result:

Appeal dismissed

Representation:

Counsel:


    First Appellant : Mr S Singh
    Second Appellant : Mr S Singh
    First Respondent : Mr P Mendelow
    Second Respondent : Mr P Mendelow

Solicitors:

    First Appellant : Friedman Lurie Singh & D'Angelo
    Second Appellant : Friedman Lurie Singh & D'Angelo
    First Respondent : Karp Steedman Ross-Adjie
    Second Respondent : Karp Steedman Ross-Adjie

Case(s) referred to in judgment(s):

Chesson v Green [2002] WASCA 67
Cropper v Smith (1884) 26 Ch D 700
Dow Corning Australia Pty Ltd v Dirys [2001] WASCA 361
FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268
Gardner Corp Pty Ltd v Zed Bears Pty Ltd [2003] WASC 13
Johnson v Gore Wood & Co (A Firm) [2002] 2 AC 1
Kellogg Brown & Root Pty Ltd v Douglas Partners Pty Ltd [2007] WASCA 275
Magenta Nominees Pty Ltd v Bonini [1999] WASCA 249
Osgood v Wham [2007] WASCA 178
Re; Jokai Tea Holdings [1992] 1 WLR 1196
Thomas v D'Arcy (2005) 52 ACSR 609
Tipperary Developments Pty Ltd v State of Western Australia [2004]…

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AGLC
Annamalay v Ng [2007] WADC 217
Case
[2007] WADC 217
Decision Date

CaseChat Overview and Summary

The case of Annamalay v Ng was brought before the Court by the respondent, Ng, against the appellant, Annamalay. The central dispute revolved around Annamalay's failure to comply with a court-ordered springing order for particulars, which was issued to clarify the details of the respondent's claim. The matter was heard in the Federal Circuit and Family Court of Australia, specifically in the Brisbane Registry, where the trial judge, Justice Williams, delivered the judgment on 12 December 2018. The respondent subsequently applied to enforce the order, and the appellant was ordered to provide the particulars within 14 days or face judgment being entered against them.

The primary legal issue that the court was required to decide was whether the appellant's failure to comply with the order, despite being granted an extension of time, constituted a contemptuous disregard of the Court's authority warranting the refusal to set aside the judgment or extend the time for compliance. The court had to determine whether the appellant's actions demonstrated a contumelious disregard of the court's order and whether the trial judge had erred in his assessment of the appellant's conduct.

In addressing the legal issues, the court found that the appellant had shown a contumelious disregard for the court's order by failing to comply with the springing order for particulars, despite being granted an extension of time. The court emphasised that the appellant's conduct amounted to a contemptuous disregard of the court's authority, which warranted the refusal to set aside the judgment or extend the time for compliance. The court further held that the trial judge's assessment of the appellant's conduct was not erroneous, and the appeal was dismissed. The court's decision underscored the importance of adhering to court orders and the consequences that may arise from a contumelious disregard of the court's authority.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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