FEDERAL COURT OF AUSTRALIA
Fried v National Australia Bank Ltd [2000] FCA 604
TAB FRIED & ORS V NATIONAL AUSTRALIA BANK & ORS
VG 352/98
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WEINBERG J |
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10 MAY 2000 |
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MELBOURNE |
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IN THE FEDERAL COURT OF AUSTRALIA |
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VG 352 OF 1998 |
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BETWEEN: |
TAB FRIED First Applicant
EVA FRIED Second Applicant
DAVID FRIED Third Applicant
COMPACK PACKAGING EMPLOYEE SHARE PLAN PTY LTD (ACN 062 925 393) Fourth Applicant
EVATAB INVESTMENTS PTY LTD (formerly TED Engineering Investment Pty Ltd) (ACN 006 392 972) Fifth Applicant
INVOTIN PTY LTD (ACN 006 786 394) Sixth Applicant
WINDINA PTY LTD (ACN 074 572 204) Seventh Applicant
EVATAB LEASING PTY LTD (ACN 074 572 204) Eighth Applicant
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AND: |
NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) First Respondent
BENNI ARONI Second Respondent & First Cross-Claimant
ADRIAN COLMAN Third Respondent & Second Cross-Claimant
RICHARD STARLING CORNISH Fourth Respondent & Third Cross-Claimant
MARK WOLLAN Fifth Respondent & Fourth Cross-Claimant
NORMAN SAMUEL FRYDE Sixth Respondent & Fifth Cross-Claimant
BRUNO JOHN CHARLESWORTH Seventh Respondent & Sixth Cross-Claimant
BRUCE DAVID JOSEM Eighth Respondent & Seventh Cross-Claimant
EFFIE KAVADAS Ninth Respondent & Eighth Cross-Claimant
TED ENGINEERING AUSTRALIA LIMITED (ACN 006 790 067) Tenth Respondent
BENDIGO BANK LIMITED (ACN 068 049 178) Eleventh Respondent
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NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) First Cross-Respondent
W F TITCHENER & CO PTY LTD Second Cross-Respondent
VICTORIAN LAWYERS RPA LIMITED Third Cross-Respondent
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W F TITCHENER & CO PTY LTD Cross-Claimant
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AND: |
BENNI ARONI First Cross-Respondent
ADRIAN COLMAN Second Cross-Respondent
RICHARD STARLING CORNISH Third Cross-Respondent
MARK WOLLAN Fourth Cross-Respondent
NORMAN SAMUEL FRYDE Fifth Cross-Respondent
BRUNO JOHN CHARLESWORTH Sixth Cross-Respondent
BRUCE DAVID JOSEM Seventh Cross-Respondent
EFFIE KAVADAS Eighth Cross-Respondent
NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) Ninth Cross-Respondent
VICTORIAN LAWYERS RPA LIMITED Tenth Cross-Respondent
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NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) Cross-Claimant
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AND |
VICTORIAN LAWYERS RPA LIMITED First Cross-Respondent
W F TITCHENER & CO PTY LTD Second Cross-Respondent
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DATE OF ORDER: |
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WHERE MADE: |
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CORRIGENDUM
Amendment to the Interlocutory Judgment of Justice Weinberg delivered on 10 May 2000.
1. At paragraph 7 the first sentence which reads as follows:
“The applicants contend that Green, acting without their authority, misappropriated the monies held on trust for them in these accounts by causing those monies to be dispersed for his own benefit.”
should read:
“The applicants contend that Green, acting without their authority, misappropriated the monies held on trust for them in these accounts by causing those monies to be disbursed for his own benefit.”
2. At paragraph 69 the heading, which reads “Bendigo Banks’ application to have the proceeding transferred to the Supreme Court of Victoria”, should read “Bendigo Bank’s application to have the proceeding transferred to the Supreme Court of Victoria”.
3. At paragraph 81 the heading, which reads “Bendigo Banks’ application to stay the proceeding pending further discovery by the applicants”, should read “Bendigo Bank’s application to stay the proceeding pending further discovery by the applicants”.
Georgie Thomas
Associate to Justice Weinberg
