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 9Brookfield 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 toIAN 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 APPLICANTSEPTIC PRODUCTS AUSTRALIA (IN LIQUIDATION)
SECOND APPLICANTAND:
YEVAD PRODUCTS PTY LTD (FORMERLY KNOWN AS DAVEY PRODUCTS PTY LTD) ACN 004 813 192
RESPONDENTJUDGE:
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 APPLICANTSEPTIC PRODUCTS AUSTRALIA (IN LIQUIDATION)
SECOND APPLICANTAND:
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
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.
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…
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- Case
- [2002] FCA 1376
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether Yevad had breached the contract by supplying goods that were not fit for purpose and whether Brookfield had provided sufficient instructions to enable Yevad to meet its obligations. Additionally, the court needed to consider the extent to which external factors, such as the actions of third parties, could be considered mitigating circumstances for the alleged breaches. The court had to assess the evidence provided by both parties regarding the quality of the goods, the contractual terms, and the instructions given by Brookfield.
The court found that Yevad had fulfilled its contractual obligations to provide goods of the specified quality and that any issues regarding the goods were due to Brookfield's inadequate instructions and the actions of third parties. The court held that Yevad was not liable for the defects in the goods as the contractual terms did not explicitly state that Yevad was responsible for the actions of third parties or for any lack of instructions from Brookfield. The court also noted that Brookfield had not taken reasonable steps to ensure that the goods met the required specifications. Consequently, the court dismissed Brookfield's claims against Yevad.
Orders
Orders of the court
1. The orders sought on the amended notice of motion of the applicants dated 5 August 2002 are refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: MANSFIELD J
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