Farmers Fruit Box and Plastics Pty Ltd v Select Carbon Pty Ltd

In Farmers Fruit Box and Plastics Pty Ltd v Select Carbon Pty Ltd, the plaintiff, Farmers Fruit Box and Plastics, a company without legal representation, sought to represent itself in proceedings against Select Carbon Pty Ltd. The dispute involved claims for contamination of the plaintiff’s business premises. The defendant challenged the plaintiff’s right to represent itself, given the absence of legal representation. The defendant also sought a strike-out and summary judgment on the basis that the statement of claim did not plead material facts.

The court had to decide whether the plaintiff, through its director, could represent the company in the absence of legal representation. Additionally, the court needed to determine if there were grounds for striking out the statement of claim and dismissing the proceedings. Furthermore, the defendant raised an application for the judge to recuse himself on the grounds of apprehended bias, as the judge had previously dismissed a separate proceeding involving the director’s de facto wife.

The court ruled that the plaintiff, being a company, could not be represented by its director in the absence of legal representation, and thus refused leave to the director to represent the company. Consequently, further proceedings were stayed until the plaintiff obtained legal representation. The court dismissed the application for recusal, finding no grounds for the judge to recuse himself. Regarding the claims in tort, the court held that the statement of claim did not plead material facts and struck out the proceeding. The plaintiff was ordered to pay a lump sum on account of the costs of the application. The plaintiff was granted liberty to apply to re-plead.