FEDERAL COURT OF AUSTRALIA
Soul Pattinson Telecommunications Pty Ltd v Subex Americas Inc [2009] FCA 651
CORRIGENDUM
Telecommuncations Act 1997 (Cth)
Corporations Act 2001 (Cth) ss 341, 1335
Federal Court of Australia Act 1976 (Cth) s 56
Warren Mitchell Pty Ltd v Australian Maritime Officers Union(1993) 12 ACSR 1
Beach Petroleum NL v Johnson (1992) 7 ACSR 203
SOUL PATTINSON TELECOMMUNICATIONS PTY LTD v SUBEX AMERICAS INC.
NSD 42 of 2009
PERRAM J
18 JUNE 2009 (CORRIGENDUM 10 JULY 2009)
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NSD 2689 of 2008 |
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SOUL PATTINSON TELECOMMUNICATIONS PTY LTD Applicant
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AND: |
SUBEX AMERICAS INC. Respondent
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JUDGE: |
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DATE OF ORDER: |
18 JUNE 2009 |
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WHERE MADE: |
SYDNEY |
CORRIGENDUM
1 On page 2 paragraph 8 should read: “The testimony suggesting an inability to pay must have some characteristic of cogency or, to put it another way, must be sufficiently persuasive to permit a rational belief to be formed: Warren Mitchell Pty Ltd v Australian Maritime Officers Union (1993) 12 ACSR 1 [at 5]. Often enough, conflicting but nevertheless rational views may be held on some topic in dispute. It is no surprise then that the demonstration that there are grounds for thinking that a corporation may not be able to meet a costs order does not mean that there are not rational grounds for thinking the contrary, a consequence noted by Von Doussa J in Beach Petroleum NL v Johnson (1992) 7 ACSR 203 at 204-205."
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I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Perram. |
Associate:
Dated: 10 July 2009
