Forbes Engineering (Asia) Pte Limited v Forbes (No 3)

Forbes Engineering (Asia) Pte Limited filed proceedings against Forbes, seeking to set aside a court order and to strike out a defence. The dispute came before the Federal Court of Australia. The legal issues before the court were whether the order made by Collier J on 18 October 2007 should be set aside, and whether the second further amended defence filed by the respondents on 19 October 2007 should be struck out.

The court found that the order made by Collier J should be set aside because it was procedurally unfair. The court held that the order was made without the parties having the opportunity to make submissions on the appropriate relief. The court also found that the second further amended defence should be struck out because it contained new matter that was not relevant to the proceedings. The court held that the new matter was not relevant to the issues in dispute and that it would cause unnecessary delay and prejudice to the applicant.

The court set aside the order made by Collier J and struck out the second further amended defence. The court ordered that the second further amended defence be struck out, and that the order made by Collier J be set aside. The parties were ordered to bear their own costs of the proceedings.