Brookfield v Yevad Products Pty Ltd [2002] FCA 1376

FEDERAL COURT OF AUSTRALIA

Brookfield v Yevad Products Pty Ltd [2002] FCA 1376

PRACTICE – PROCEDURE – discovery – verification of list of documents by person who was not an officer of company – whether failure to verify list of documents in accordance with Federal Court Rules of itself entitles other party to set aside judgment. Federal Court of Australia Act 1976 (Cth) Federal Court Rules, O 11 r 13, O 15, r 9 Corporations Act 2001 (Cth),s 9

Brookfield v Davey Products Pty Ltd [2001] FCA 104 - discussed Brookfield v Davey Products Pty Ltd [2002] FCA 889 - discussed Microsoft Corporation v CX Computer Pty Ltd (2002) 187 ALR 362 - cited Jones v Monte Video Gas Co (1880) 5 QBD 556 – referred to Mulley v Manifold (1959) 103 CLR 341 – referred to Fruehauf Finance Corporation Pty Ltd v Zurich Australian Insurance Ltd (1990) 20 NSWLR 359 – referred to Auspine Ltd v HS Lawrence & Sons Pty Ltd [1999] FCA 1749 – referred to Finance Sector Union of Australia v Commonwealth Bank of Australia Limited [2000] FCA 1389 – referred to IAN WALTER BROOKFIELD & SEPTIC PRODUCTS AUSTRALIA (IN LIQ) v YEVAD PRODUCTS PTY LTD (FORMERLY KNOWN AS DAVEY PRODUCTS PTY LTD) ACN 004 813 192 SG.112 of 1993 MANSFIELD J 6 NOVEMBER 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIADISTRICT REGISTRY SG.112 OF 1993

BETWEEN: IAN WALTER BROOKFIELD

FIRST APPLICANT

SEPTIC PRODUCTS AUSTRALIA (IN LIQUIDATION)

SECOND APPLICANT

AND: YEVAD PRODUCTS PTY LTD (FORMERLY KNOWN AS DAVEY PRODUCTS PTY LTD) ACN 004 813 192

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 6 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The orders sought on the amended notice of motion of the applicants dated 5 August 2002 are refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.