Biritz v National Australia Bank Ltd [2002] FCAFC 180

FEDERAL COURT OF AUSTRALIA

Biritz v National Australia Bank Ltd [2002] FCAFC 180

ERIKA BIRITZ v NATIONAL AUSTRALIA BANK LTD V 1271 of 2001 GRAY, HEEREY AND SUNDBERG JJ 2 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1271 of 2001

BETWEEN: ERIKA BIRITZ

APPLICANT

AND: NATIONAL AUSTRALIA BANK LTD

RESPONDENT

JUDGES: GRAY, HEEREY AND SUNDBERG JJ

DATE OF ORDER: 2 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to appeal from the interlocutory judgment of Finkelstein J given on 12 April 2002 be refused. 2. The notice of motion filed on 18 April 2002 be dismissed. 3. The applicant pay the respondent's costs of the notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1271 of 2001

BETWEEN: ERIKA BIRITZ

APPLICANT

AND: NATIONAL AUSTRALIA BANK LTD

RESPONDENT

JUDGES: GRAY, HEEREY AND SUNDBERG JJ

DATE: 2 MAY 2002

PLACE: MELBOURNE

REASONS FOR JUDGMENT

THE COURT: 1 The Court is of the view that the appeal for which leave is sought is without any prospect of success and accordingly leave to appeal should be refused. The applicant for leave has also sought other orders in the notice of motion filed on 18 April 2002. There have been allegations made, in general terms, of fraud. They are not properly particularised and there is no genuine evidence to establish them. For those reasons, the Court proposes to dismiss the applications for those orders as well. 2 Counsel for the respondent has sought an order for costs fixed on an indemnity basis. The case does not appear to be a proper case for indemnity costs. 3 The order of the Court will be: 1. Leave to appeal from the interlocutory judgment of Finkelstein J given on 12 April 2002 be refused.