The Food Improvers Pty Limited v BGR Corporation Pty Ltd (No 5) [2007] FCA 466

FEDERAL COURT OF AUSTRALIA

The Food Improvers Pty Limited v BGR Corporation Pty Ltd (No 5) [2007] FCA 466 PRACTICE AND PROCEDURE – Federal Court of Australia – judgments and orders – amendment of – correction under slip rule – where original order was the result of an accidental slip or omission – where original order does not reflect the intention of the Court Federal Court Rules 1979 (Cth) O 35 rr 7(2)(e), 7(3) Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 followed THE FOOD IMPROVERS PTY LTD (ACN 003 474 280) AND ANOR v BGR CORPORATION PTY LTD (ACN 059 820 807) AND ORS NSD 1140 OF 2005

RARES J

29 march 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1140 OF 2005

BETWEEN: THE FOOD IMPROVERS PTY LTD (ACN 003 474 280)

First Plaintiff

JOHN STEPHEN BAX

Second Plaintiff

AND: BGR CORPORATION PTY LTD (ACN 059 820 807)

First Defendant

THE TRIAD HEALTH PRODUCTS GROUP OF COMPANIES PTY LTD (ACN 002 688 897)

Second Defendant

CORDATO PARTNERS (SERVICES) PTY LTD

(ACN 075 518 964)

Third Defendant

MAIN CAMP HOLDINGS PTY LIMITED (ACN 061 573 804)

Fourth Defendant

MAIN CAMP CORPORATION PTY LTD (ACN 054 989 516)

Fifth Defendant

SNP NATURAL PRODUCTS PTY LTD (ACN 094 464 490)

Sixth Defendant

ADVANCED TECHNOLOGY RESEARCH PTY LTD

(ACN 088 655 163)

Seventh Defendant

BUSINESS & RESEARCH MANAGEMENT LIMITED

(ACN 070 946 664)

Eighth Defendant

JUDGE: RARES J

DATE OF ORDER: 29 March 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to the slip rule and O 35 r 7(3), order 1 made on 28 February 2007 be varied by deleting 'The second and third defendants pay to the first defendant 90%' and (a) substituting 'Ninety percent'; (b) adding after the words 'these proceedings' the following: 'be paid by the second and third defendants to each respective one of the first, fourth, fifth, sixth, seventh or eighth defendant which made each such payment'. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.