ACD Tridon v Tridon Australia [2002] NSWSC 992

ACD Tridon v Tridon Australia [2002] NSWSC 992

All defendants, including Mrs Lennox, consented to the reference out under Part 72; previous statements to the contrary were factually incorrect but did not affect the reasoning or the orders made.

Parties
Plaintiff: ACD Tridon Inc; Defendant: Tridon Australia Pty Ltd; Defendant: Richard Wellesley Lennox; Defendant: Sandra Lennox; Defendant: Tridon New Zealand Ltd
Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Equity / Supplementary Judgment on Reference Out Under Part 72
Outcome
Supplementary correction of previous judgment; no change to substantive orders.
Legal Topics
Reference Out Under Part 72, Consent to Reference Out
Practice and Procedure Reference Out Under Part 72 Consent to Reference Out

Case Brief

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Parties

ACD Tridon Inc

Plaintiff

Tridon Australia Pty Ltd

Defendant

Richard Wellesley Lennox

Defendant

Sandra Lennox

Defendant

Tridon New Zealand Ltd

Defendant

Procedural Posture

Equity / Supplementary Judgment on Reference Out Under Part 72

Legal Issues

  1. 1 Whether all defendants, including Mrs Lennox, consented to the reference out under Part 72
  2. 2 The effect of any confusion about consent on previous reasoning and orders

Ratio Decidendi

All defendants, including Mrs Lennox, consented to the reference out under Part 72; previous statements to the contrary were factually incorrect but did not affect the reasoning or the orders made.

Court Disposition

Supplementary correction of previous judgment; no change to substantive orders.

Orders

  • Reference out under Part 72 made with the consent of all defendants, including Mrs Lennox.