In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2017] NSWSC 630

Supreme Court New South Wales

Medium Neutral Citation: In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2017] NSWSC 630 Hearing dates: 11 May 2017 Decision date: 11 May 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that, until further order, publication or other disclosure of a certain figure appearing in the judgment in Re FAL Healthy Beverages Pty Limited and FAL Retail Pty Limited [2017] NSWSC 476 is prohibited, except so far as such publication occurred prior to the date of making of this order. Dismiss the Applicants' application that the judgment be recalled and amended. Order that the Applicants pay half the Plaintiff's costs of and incidental to the application as agreed or as assessed. Catchwords: EVIDENCE – Prohibition of publication of evidence – Statutory powers – Application by certain Defendants, for whom judgment was given by consent, for non-publication order in respect of settlement sum – where sum published in judgment given in contested proceedings against another Defendant

PRODEDURE – Judgments and orders – Amending, varying and setting aside – Application for recall and amendment of judgment – whether aspects of judgment inconsistent with judgment for Applicant by consent Legislation Cited: - Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7–8, 12 Cases Cited: - Marshall v Prescott (No 3) [2013] NSWSC 1949 - Missingham v Shamin [2012] NSWSC 288 - Victorian Lawyers RPA Ltd v Werden [2006] VSC 73 Texts Cited: G Spencer Bower and K R Handley, 4th ed, 2009, Res Judicata Category: Procedural and other rulings Parties: FAL Healthy Beverages Pty Ltd (First Plaintiff) FAL Retail Pty Ltd Pty Ltd (Second Plaintiff) Timothy (Tim) Xenos (also known as Efthymios Xenos) (First Defendant) EZI Group Pty Ltd (Second Defendant) Fence All Australia Pty Ltd (Third Defendant) Ashton Accountants & Business Advisors Pty Ltd (Fourth Defendant) Andrew Ashton (Fifth Defendant) ACN 111 804 383 Pty Ltd trading as Yates Beaggi Lawyers (Sixth Defendant) Yates Amirbeaggi Pty Ltd trading as Yates Beaggi Lawyers) (Seventh Defendant) Farshad Amirbeaggi (Eighth Defendant) Representation: Counsel: