Godfrey J

This is an application for judgment on admissions. The plaintiff, Carabao Exports Pty Ltd, entered into a contract for the sale of cattle. The buyer (or one of the buyers) was one Hj Mohamad bin Hj Bakar, ('Hj Mohamad') who is named as the third defendant in the action and who trades as sole proprietor of Sharikat Termaju Abadi ('STA'), which is named as the second defendant in the action. STA is sued as a firm but the name of a person who is a party in more than one capacity must be inserted only once on the record: see the note in The Supreme Court Practice 1988, 15/1/4. Since the second and third defendants are the same person, the second defendant ought to be deleted and the third defendant should become the second defendant. He should be described in the statement of claim as trading under the style of 'Sharikat Termaju Abadi'.

The plaintiff has already obtained judgment against the first defendants and suggests that in those circumstances, the court should treat Hj Mohamad as having admitted the plaintiff's claim. The reason given by the plaintiff for this startling submission is that Hj Mohamad was in partnership with the first defendants, but the plaintiff accepts