justice lee's order.

Stealer & Wart (posting at oze forum) had once again shown their ignorance in ruminating lock-stock and barrel what their learned CEO had chosen very carefully to announce: “ASIC & CMQ had agreed to DELAY the ongoing process COURT process by a number of months” which ignorant idiots like Stealer and Wart interpreted as “ASIC suspending their action” which is not what your beloved CEO did not say.

What your beloved CEO failed to tell you is that the discovery process is still on going and very much “alive”. The only “COURT PROCESS” that was “delayed” was Justice Lee’s order to vacate the directions hearing scheduled for 11 April 2006 to 12 June 2006. This is one of the most common thing in the legal process where one party presented reasons (we were not told what the reasons are but they are often very common issues which has no reflection what-so-ever on the strength or weakness of the case. For example, the lengthy task of producing a long Expert report is a good enough reason) and the other party will choose not to oppose the request because the Judge will award costs against any party that acted unreasonably (like objecting to a reasonable request to postpone the direction hearing.

I am please to enlighten fools like Wart and Stealer on Justice Lee’s order at the 21 February 06 hearing. Here is the actual consent order:

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
No: (P)WAD294/2004


AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff

CHEMEQ LIMITED (ACN 009 135 264)
Defendant

CONSENT ORDER

JUDGE: Lee J
DATE OF ORDER: 21 February 2006
WHERE MADE: Perth

BY CONSENT, THE COURT ORDERS THAT:

1. The Orders made by Lee J on 9 December 2005 be amended by:
(a) amending the time limit in Order 1 for the plaintiff to give further discovery to 28 April 2006, and for inspection of any such documents to be completed by 12 May 2006;
(b) amending the time limit in Order 5 to 12 May 2006;
(c) amending the time limit in Order 6 to 2 June 2006;
(d) vacating the directions hearing in Order 7 scheduled for 11 April 2006 at 10.15 am; and
(e) listing a further directions hearing for the week commencing 12 June 2006.

2. Each party has liberty to apply on 7 days written notice to the other party.

3. Costs reserved.

Date that entry is stamped: 22 February 2006
Deputy District Registrar


I suggest that you download the order (available from the Federal Court at: http://esearch.fedcourt.gov.au/Esearch?showDoc=24670312 and emailed it to your learned CEO (a qualified legal practitioner) for a proper explanation.

Some people can be fooled once or twice but idiots like Stealer and Warts can be fooled all the time!