FEDERAL COURT OF AUSTRALIA

SVI SYSTEMS PTY LIMITED v BEST & LESS PTY LIMITED
[2001] FCA 279

CORRIGENDUM

SVI SYSTEMS PTY LIMITED v BEST & LESS PTY LIMITED & ORS

N342 of 1999

EINFELD J

20 MARCH 2001

SYDNEY (CORRIGENDUM 1 JULY 2003)

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N342 OF 1999

BETWEEN:

SVI SYSTEMS PTY LIMITED (ACN 003 908 325) (formerly Divergent Technologies Pty Limited ACN 003 908 325)

APPLICANT

AND:

BEST & LESS PTY LIMITED (ACN 003 724 696)

FIRST RESPONDENT

GINGER MAX (AUSTRALIA) PTY LIMITED (ACN 055 036 955)

SECOND RESPONDENT

CAREL STASSEN

THIRD RESPONDENT

IAIN DAVID MacDONALD

FOURTH RESPONDENT

BEST & LESS PTY LIMITED (ACN 003 724 696)

FIRST CROSS-CLAIMANT

GINGER MAX (AUSTRALIA) PTY LIMITED (ACN 055 036 955)

CROSS-RESPONDENT TO FIRST CROSS-CLAIM

GINGER MAX (AUSTRALIA) PTY LIMITED (ACN 055 036 955)

SECOND CROSS-CLAIMANT

BEST & LESS PTY LIMITED (ACN 003 724 696)

FIRST CROSS-RESPONDENT TO SECOND CROSS-CLAIM

PEPKOR LTD (RN 65/077/6506)

SECOND CROSS-RESPONDENT TO SECOND CROSS-CLAIM

PEPKOR LTD (RN 65/077/6506)

THIRD CROSS-CLAIMANT

GINGER MAX (AUSTRALIA) PTY LIMITED (ACN 055 036 955)

FIRST CROSS-RESPONDENT TO THIRD CROSS-CLAIM

GINGES HOLDINGS PTY LIMITED

SECOND CROSS-RESPONDENT TO THIRD CROSS-CLAIM

PEPKOR LTD (RN 65/077/6506)

FOURTH CROSS-CLAIMANT

SVI SYSTEMS PTY LIMITED (ACN 003 908 325)

FIRST CROSS-RESPONDENT TO FOURTH CROSS-CLAIM

SHAUN ROSEN

SECOND CROSS-RESPONDENT TO FOURTH CROSS-CLAIM

MALCOLM THOMAS

THIRD CROSS-RESPONDENT TO FOURTH CROSS-CLAIM

JUDGE:	EINFELD J
DATE OF ORDER:	20 MARCH 2001
WHERE MADE:	SYDNEY

CORRIGENDUM

In the Reasons for Judgment of the Honourable Justice Einfeld on 20 March 2001:

1 Following the citation of the cases judicially considered, insert the following citation:

“Halsbury’s Laws of Australia (vol 6), Sydney, 1992”.

2 Following paragraph 106, insert the following paragraph:

“As to the foregoing discussion on the applicable legal principles, from which the text has been drawn, see Professor John Carter’s chapter on the law of contract in Halsbury’s Laws of Australia (vol 6), Sydney 1992. In relation to the principles of uncertainty and incompleteness ([60] – [77]), see Halsbury’s Laws of Australia, at [110-455] – [110-525]. In relation to the principles by which a contract can be inferred from the conduct of the parties ([80]-[82]), see Halsbury’s Laws of Australia, at [110-225] – [110-230], [110-2090]. As to the relevance of post-contractual conduct ([83]-[86]), see Halsbury’s Laws of Australia, at [110-2115]. In relation to the implication of terms for business efficacy ([89]-[91]), see Halsbury’s Laws of Australia, at [110-2135]. As to the principles of law relating to co-operation ([92]-[93]), see Halsbury’s Laws of Australia, at [110-2135]). As to the principles of law relating to obviousness ([94]), see Halsbury’s Laws of Australia, at [110-2140]. In respect of the law relating to consistency ([95]), see Halsbury’s Laws of Australia, at [110-2150]. As to the principles of law relating to “subject to” clauses ([97-101], see Halsbury’s Laws of Australia, at [110-540]. As to the principles of law relating to novation ([102]-[106]), see Halsbury’s Laws of Australia, at [110-3048].

3 Following paragraph 113, insert the following paragraph:

“A very valuable summary of the principles of law relating to collateral contracts, from which the preceding sections have been drawn, can be found in Professor John Carter’s chapter on contract law in Halsbury’s Laws of Australia (vol 6) at [110-2050] – [110-2060].”

I certify that this is a true copy of the corrigendum made to the Reasons for Judgment in this matter of the Honourable Justice Einfeld.

Associate:

Dated: 1 July 2003

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