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 APPLICANTCHRISTINE BLACKER
SECOND APPLICANTAND:
NATIONAL AUSTRALIA BANK LIMITED
RESPONDENTJUDGE:
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 APPLICANTCHRISTINE BLACKER
SECOND APPLICANTAND:
NATIONAL AUSTRALIA BANK LIMITED
RESPONDENT
JUDGE:
HELY J
DATE:
10 AUGUST 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
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.
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
- AGLC
- Blacker v National Australia Bank Limited [2000] FCA 1171
- Case
- [2000] FCA 1171
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to address included whether the lower court's interpretation of the contract was correct and whether there were any errors in the application of the law that warranted a higher court's review. Additionally, the court needed to consider if the appeal had a reasonable chance of success and whether there were any other compelling reasons to grant the leave to appeal.
In examining the arguments presented, the court found that there were significant grounds for the appeal to be heard by a higher court. The court identified that the lower court had made an error in its interpretation of a key contractual term, which had a substantial impact on the outcome of the case. Furthermore, the court concluded that the appeal had a reasonable chance of success and that there were compelling reasons to allow the appeal to proceed. Consequently, the application for leave to appeal was granted, and the costs of the application were ordered to be costs in the appeal.
Orders
Orders of the court
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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: HELY J
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