Blacker v National Australia Bank Limited

[2000] FCA 1171

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