In the matter of GHS Safety Products Australia Pty Ltd (No 2)

GHS Safety Products Australia Pty Ltd (No 2) is a case where the court considered an application to amend orders under the slip rule. The application was made by the liquidator of GHS Safety Products Australia Pty Ltd, who sought to correct the name of the company in the court proceedings. The company had been identified by an incorrect name, but the correct Australian Company Number (ACN) was used throughout the proceedings. The error was identified after a winding up order was made against the company.

The legal issue before the court was whether the slip rule could be invoked to correct the name of the company in the proceedings, despite the error not being identified until after the winding up order was made. The court needed to consider whether the error caused confusion as to the identity of the defendant and whether the correct company was referred to in the evidence. The court also had to consider whether the amendment was necessary to avoid injustice or unfairness.

The court found that the error in the name of the company did not cause confusion as to the identity of the defendant, as the correct ACN was used throughout the proceedings, and the evidence referred to the correct company. The court also found that the amendment was necessary to avoid injustice or unfairness, as the incorrect name of the company could cause confusion for third parties dealing with the company. The court therefore granted the application to amend the orders and corrected the name of the company in the proceedings.

The final orders of the court were that the name of GHS Safety Products Australia Pty Ltd be amended to GHS Safety Products Australia Pty Ltd (No 2) in all court documents and orders, and that the liquidator be directed to take all necessary steps to ensure that the correct name of the company was used in all future proceedings. The court also ordered that the costs of the application be paid by the liquidator.