Brookfield v Davey Products Pty Ltd [2002] FCA 889

FEDERAL COURT OF AUSTRALIA

Brookfield v Davey Products Pty Ltd

[2002] FCA 889 PRACTICE AND PROCEDURE – Misnomer of title of proceedings – change of name of respondent after proceedings instituted – failure of respondent to cause name of proceedings to be changed – scope of Court's power to amend title of proceedings. Bankruptcy Act 1966 (Cth), s 41 Corporations Act 2001 (Cth), s 161(2) Federal Court Rules, O 13 r 2(4), O 35 r 7(3), O 35 r 7(2)(e) Metropolitan Oils Pty Ltd v Fortron Industrial Lubricants Pty Ltd (1986) 11 FCR 335 – discussed Smithkline Beecham (Australia) Pty Ltd v Minister for Family Services (1993) 45 FCR 587 – referred to Bridge Shipping Pty Ltd v Grand Shipping SA (1991) 173 CLR 231 – referred to IAN WALTER BROOKFIELD & SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQUIDATION) v DAVEY PRODUCTS PTY LTD & ITT FLYGHT LIMITED & WHITE INTERNATIONAL PTY LTD SG.112 of 1993 MANSFIELD J 24 JULY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG.112 OF 1993

BETWEEN: IAN WALTER BROOKFIELD

FIRST APPLICANT

SEPTIC PRODUCTS AUSTRALIA PTY LTD (IN LIQ)

SECOND APPLICANT

AND: DAVEY PRODUCTS PTY LTD

FIRST RESPONDENT

ITT FLYGHT LIMITED

SECOND RESPONDENT

WHITE INTERNATIONAL LTD

THIRD RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 24 JULY 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. From 6 March 1995 the title of the within proceedings be amended by substituting for the words "Davey Products Pty Ltd" as the first respondent the words "Yevad Products Pty Ltd". 2. The first respondent pay to the first applicant costs of and incidental to the first respondent's notice of motion dated 14 June 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.