Brookfield, Ian Walter & Anor v Davey Products Pty Ltd [1998] FCA 535

FEDERAL COURT OF AUSTRALIA JUDGMENT - application to stay the execution of - allegation that successful party failed to make proper discovery - whether unsuccessful party exercised due diligence - nature and content of relevant documents - whether their admission into evidence would have effected the outcome of the trial. Trade Practices Act 1974 (Cth) Sale of Goods Act 1895 (SA) Contracts Review Act 1988 (NSW) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 1979 (Cth) O 52 r 36 O 37 r 10 Hip Foong Hong v H Neotia and Company (1918) AC 888 cited Allen v Tobias (1957-1958) 98 CLR 367 referred to The Ophelia (1916) 2 AC 206 at 229-230 cited Myers v Elman (1940) AC 282 cited Woods v Martins Bank Limited (1959) 1QB 55 cited Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 discussed and followed Quade v Commonwealth Bank of Australia (1991) 27 FCR 569 discussed Orr v Holmes (1948) 76 CLR 632 cited Greater Wollongong Corporation v Cowan (1955) 33 CLR 435 cited The Annot Lyle (1886) 11 PD 114 referred to McBride v Sandland (1918) 25 CLR 369 referred to Jennings Construction Limited v Burgundy Royal Investments Pty Ltd No 1 (1986) 161 CLR 681 referred to IAN WALTER BROOKFIELD AND SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION) v DAVEY PRODUCTS PTY LTD NO SG 99 OF 1997 O'LOUGHLIN J ADELAIDE 19 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 99 of 1997

BETWEEN: ian walter brookfield

First Applicant

septic products australia pty ltd (in liquidation)

Second Applicant

AND: davey products pty ltd

Respondent

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 19 may 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The applicant's notice of motion filed herein on 30 January 1998 be dismissed. 2. The applicants pay the respondent's costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.