Bill Palmer v Prestiage Baking Industries Pty Ltd & Anor [1981] FCA 111

Sy AUSTRALIA ub COMMONWEALTH REPORTING SERVICE

City Mutual Building, PRINCIPAL REPORTER, Hobart Place, AUSTRALIAN CAPITAL TERRITORY CANBERRA CITY, AC.T 2601

PO Box 476

Telephone: (062) 49 7322

CORRECTION TO TRANSCRIPT

In the matter of Bill PALMER and Denise Gay BAMMAN

as _executrix of the will of Peter James BAMMAN, heard in the Federal Court of Australia before Fox, Blackburn and Sheppare JJ, at Canberra on Thursday, 2 April 1981, please

substitute pages 44 - 47 for transcript previously issued.

This transcript has been re-issued at the request

of the court, to incorporate the judgment delivered by

' the Court.

b \ W. J. MILLS ' Principal Reporter

RECEIVED 13/7/1981

' Pe ce |

per:

I am sorry not to be able to be more informed, your Honours, but that is as much as we have been able to find out about.

FOX J: You have got a fair range of selection then.

MR GROVE: Yes, your Honour, but we would wish to put that on record we made that - - -

SHEPPARD J: But in case we have to come to this, what do you say the significance of Barrellis for us, 1f any? Has it no significance or does it suggest a discount of two per cent or - - -

MR GROVE: No, your Honour, we would contend that the true principle is to be found in an unreported decision of the Court of Appeal in New South Wales in Saul v Menon. That is unreported, your Honour, of 18 August 1980.

SHEPPARD J: I think it 1s reported, Mr Grove.

MR GROVE: Your Honour, in the indication of the New South Wales Law Reports it is supposed to be coming out in the next bit, part 3, your Honour. I can give your Honours the reference now. I looked for it last night. It 1s 1980 2 NSWLR, page 314, and we would contend that that 1s the true principle recognizing if one were before a single judge of the Supreme Court of New South Wales - for example, we are not, but certain matters of authority would be relevant, but our contention would be in this court that the true principle is found in Saul v Menon and that is what ought to be followed, Barrell notwithstanding.