Federal Court of Australia
_
JUDGMEN:
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
GENERAL DIVISION
Judge Making Order: Date of Order:
BETWEEN :
Not considered appropriate for reporting - for limited
mo, 600 /s2 ——~distribution
No. VG 225 of 1987
ALPHONSE D. CUNNINGHAM (First Applicant)
MARIE F. CUNNINGHAM (Second Applicant)
BRIAN CUNNINGHAM (Third Applicant)
ANTOINNETTE CUNNINGHAM (Fourth Applicant)
DANIEL CLEMENT CUNNINGHAM (Fifth Applicant)
BRIDGET MARGARET CUNNINGHAM (Sixth Applicant)
NATIONAL AUSTRALIA BANK LTD (First Respondent)
IAN CONNOR (Second Respondent)
BARRY DONNELLAN (Third Respondent)
WESTPAC BANKING CORPORATION (Fourth Respondent)
MINUTES OF ORDER
Ryan J.
9 November 1987
1 1 NOV 1987
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTAY
The Court Orders That:
l. The applicants' motion on notice dated 8 October 1987
be dismissed.
2. The applicants pay the firstnamed respondent's costs.
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Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIAN DISTRICT REGISTRY GENERAL DIVISION
ween
No. VG 225 of 1987
BETWEEN: ALPHONSE D. CUNNINGHAM (First Applicant)
MARIE F. CUNNINGHAM (Second Applicant)
BRIAN CUNNINGHAM (Third Applicant)
ANTOINNETTE CUNNINGHAM (Fourth Applicant)
DANIEL CLEMENT CUNNINGHAM (Fifth Applicant)
BRIDGET MARGARET CUNNINGHAM (Sixth Applicant)
AND: NATIONAL AUSTRALIA BANK LTD (First Respondent)
IAN CONNOR (Second Respondent)
BARRY DONNELLAN (Third Respondent )
WESTPAC BANKING CORPORATION (Fourth Respondent)
Coram: Ryan J.
Date: 9 November 1987
By motion on notice dated 8 October 1987 the applicants
have sought leave to appeal to a Full Court from a judgment
-2-
given by Jenkinson J on 17 September 1987 refusing to grant an interlocutory injunction restraining the first respondent ("the National Bank") from exercising its powers as mortgagee of recovering possession of, or selling, three parcels of land owned respectively by the first and second applicants,
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