FEDERAL COURT OF AUSTRALIA

Blacker v National Australia Bank Limited [2000] FCA 1171



 


PETER RAYMOND BLACKER & ANOR v NATIONAL AUSTRALIA BANK LIMITED

 

NG 997 OF 1997

 

 

 

HELY J

10 AUGUST 2000

SYDNEY



IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NG 997 OF 1997

 

BETWEEN:

PETER RAYMOND BLACKER

FIRST APPLICANT

 

CHRISTINE BLACKER

SECOND APPLICANT

 

AND:

NATIONAL AUSTRALIA BANK LIMITED

RESPONDENT

 

JUDGE:

HELY J

DATE OF ORDER:

10 AUGUST 2000

WHERE MADE:

SYDNEY

 

THE COURT ORDERS THAT:

 

1.                  The application for leave to appeal from the judgment of Katz J given on 26 July 2000 be granted.

2.                  The cost of this application be costs in the appeal.


Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.




IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

NG 997 OF 1997

 

BETWEEN:

PETER RAYMOND BLACKER

FIRST APPLICANT

 

CHRISTINE BLACKER

SECOND APPLICANT

 

AND:

NATIONAL AUSTRALIA BANK LIMITED

RESPONDENT

 

 

JUDGE:

HELY J

DATE:

10 AUGUST 2000

PLACE:

SYDNEY


REASONS FOR JUDGMENT

1                     This is an application for leave to appeal from a decision of Katz J given on 26 July 2000.   By that decision his Honour varied certain of the orders which he made in consequence of his principal decision on 8 June 2000.  The principal decision is the subject of a pending appeal.  It seems to me that the Full Court should be seized of the whole of the matter and for that reason I propose to grant leave to appeal from the decision of Katz J given on 26 July 2000.

2                     The cost of this application will be costs in the appeal.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely.



Associate:


Dated:              21 August 2000


Counsel for the Applicant:
(Respondent on the Application for Leave to Appeal)

Mr L Aitken



Solicitor for the Applicant:
(Respondent on the Application for Leave to Appeal)

Commins Hendriks



Solicitor for the Respondent:

Dibbs Crowther & Osborne

(Applicant on the Application for Leave to Appeal)



Date of Hearing:

10 August 2000



Date of Judgment:

10 August 2000