Brookfield v Yevad Products Pty Ltd

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.

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:	6 NOVEMBER 2002
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This matter has a long history.  It is detailed in the judgment I delivered on 22 February 2001:  Brookfield v Davey Products Pty Ltd [2001] FCA 104 at [2]-[6]. I ordered that proceedings commenced on 27 November 1998 by the applicant to set aside a judgment in favour of the respondent given on 8 February 1996, and the order for costs made on 19 December 1997, be stayed until further order. I will not repeat that history in this judgment.

2. The present application is another set in the applicant’s attempts to have the principal decision given on 8 February 1996 set aside, together with the consequential order for costs.  On the reasons for judgment delivered on 22 February 2001, I said at [27]:

   “I anticipate that the stay order…