Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Food Improvers Pty Ltd v BGR Corporation Pty Ltd (In Liq) (No 9) [2008] FCA 413
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
11 MARCH 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1140 OF 2005
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: THE FOOD IMPROVERS PTY LTD (ACN 003 474 280)
First Applicant
JOHN STEPHEN BAX
Second Applicant
AND: BGR CORPORATION PTY LTD (IN LIQUIDATION)
(ACN 059 820 807)
First Respondent
THE TRIAD HEALTH PRODUCTS GROUP OF COMPANIES PTY LTD (ACN 002 688 897)
Second Respondent
CORDATO PARTNERS (SERVICES) PTY LTD
(ACN 075 518 964)
Third Respondent
MAIN CAMP HOLDINGS PTY LIMITED (ACN 061 573 804)
Fourth Respondent
MAIN CAMP CORPORATION PTY LTD (ACN 054 989 516)
Fifth Respondent
SNP NATURAL PRODUCTS PTY LTD (ACN 094 464 490)
Sixth Respondent
ADVANCED TECHNOLOGY RESEARCH PTY LTD
(ACN 088 655 163)
Seventh Respondent
BUSINESS & RESEARCH MANAGEMENT LIMITED
(ACN 070 946 664)
Eighth Respondent
JUDGE: RARES J
DATE OF ORDER: 11 MARCH 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Orders that the form of order filed on 12 March 2007 and entered on 1 May 2007 purporting to reflect the order made by Rares J on 28 February 2007 commencing with the words 'by consent, the court orders that' be amended, pursuant to O 35 r 7(2)(e) of the Federal Court Rules, to delete the words 'by consent'. 2. Orders that, pursuant to section 31A(1) of the Federal Court of Australia Act 1976 (Cth), there be judgment for BGR Corporation Pty Ltd (in liquidation) against The Triad Health Products Group of Companies Pty Ltd and Cordato Partners (Services) Pty Ltd in the further sum of $48,212.30, representing the balance of the sum due to BGR Corporation Pty Ltd (in liq) (being the amount of GST paid by it as part of the costs it paid the subject of the 90% costs order referred to in Order 1 of the orders made on 29 February 2008). 3. Declares that, as at 29 February 2008, the amount which was required to satisfy Order 1 made on 28 February 2007, representing 90% of amounts paid by the first defendant for or in respect of the legal costs and disbursements of any of the defendants was $486,540.17. 4. Orders that Cordato Partners (Services) Pty Ltd pay the costs of the issue concerning liability to repay the amount of GST, including the costs of today. 5. Makes no order as to costs, in addition to the order for costs made on 29 February 2008, relating to The Triad Health Products Group of Companies Pty Ltd in respect of the issue concerning liability to repay the amount of GST including of today. 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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