Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Food Improvers Pty Ltd v BGR Corporation Pty Ltd (In Liq) (No 7) [2007] FCA 1836
THE FOOD IMPROVERS PTY LTD (ACN 003 474 280) AND JOHN STEPHEN BAX v BGR CORPORATION PTY LTD (IN LIQUIDATION) (ACN 059 820 807), THE TRIAD HEALTH PRODUCTS GROUP OF COMPANIES PTY LTD (ACN 002 688 897), CORDATO PARTNERS (SERVICES) PTY LTD (ACN 075 518 964), MAIN CAMP HOLDINGS PTY LIMITED (ACN 061 573 804), MAIN CAMP CORPORATION PTY LTD (ACN 054 989 516), SNP NATURAL PRODUCTS PTY LTD (ACN 094 464 490), ADVANCED TECHNOLOGY RESEARCH PTY LTD (ACN 088 655 163) AND BUSINESS & RESEARCH MANAGEMENT LIMITED (ACN 070 946 664) NSD 1140 OF 2005
RARES J
26 OCTOBER 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 (IN LIQUIDATION)
(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: 26 OCTOBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The advice and direction of the Court is that David John Kerr, as liquidator of BGR Corporation Pty Limited (In Liqidation), would be justified on the material contained in the affidavits and exhibits in the evidence in the interlocutory process filed on 28 September 2007 and heard on 26 October 2007 in making a demand or demands pursuant to s 459E of the Corporation Act 2001 (Cth) as he may be advised on the second defendant, the Triad Health Products Group of Companies Pty Limited, for payment of: (a) the sum of $311,558.86; and (b) the sum of $340,000; the subject of orders 2 and 4(a) made on 19 February 2007, together with such interest as the first defendant may be entitled to claim in accordance with the rules of Court. 2. The liquidator is entitled to his costs properly incurred of the application out of the assets of BGR Corporation Pty Limited (In Liquidation). 3. The second defendant pay 25% of the costs of the interlocutory process. 4. The third defendant pay 25% of the costs of the interlocutory process up to and including 24 October 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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