Walker v Citigroup Global Markets Australia Pty Limited (formerly known as Salomon Smith Barney Australia Securities Pty Limited) [2006] FCAFC 135

FEDERAL COURT OF AUSTRALIA

Walker v Citigroup Global Markets Australia Pty Limited (formerly known as Salomon Smith Barney Australia Securities Pty Limited) [2006] FCAFC 135 Walker v Citigroup Global Markets Australia Pty Limited (formerly known as Salomon Smith Barney Australia Securities Pty Limited) [2006] FCAFC 101 related DAVID WALKER v CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED (FORMERLY KNOWN AS SALOMON SMITH BARNEY AUSTRALIA SECURITIES PTY LIMITED) VID 77 OF 2006 CITIGROUP GLOBAL MARKETS AUSTRALIA HOLDINGS PTY LIMITED (FORMERLY KNOWN AS SALOMON SMITH BARNEY AUSTRALIA PTY LIMITED) v DAVID WALKER VID 233 OF 2006

GYLES, EDMONDS AND GREENWOOD JJ

31 AUGUST 2006

SYDNEY VIA VIDEO LINK TO MELBOURNE (HEARD IN MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 77 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DAVID WALKER

Appellant

AND: CITIGROUP GLOBAL MARKETS AUSTRALIA PTY LIMITED (FORMERLY KNOWN AS SALOMON SMITH BARNEY AUSTRALIA SECURITIES PTY LIMITED)

Respondent

JUDGES: GYLES, EDMONDS AND GREENWOOD JJ

DATE OF ORDER: 31 AUGUST 2006

WHERE MADE: SYDNEY VIA VIDEO LINK TO MELBOURNE (HEARD IN MELBOURNE)

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. Paragraph 1 of the orders made by Kenny J on 19 December 2005 (VID 531 of 1998) be varied by substituting $3 783 704.21 for $41 566.00, $2 346 553.00 for $22 917.00 and $1 437 151.21 for $18 649.00. 3. The respondent is to pay the appellant's costs of the appeal on a party and party basis up to and including 13 April 2006 and on an indemnity basis thereafter. 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 VID 233 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA