Bourke, M.V. & Ors v The State Bank of New South Wales Ltd [1995] FCA 139

CATCHWORDS Appeal - appeal from conditional orders of dismissal of proceedings - whether leave to appeal required - legal effect of orders - whether orders were interlocutory or final. Federal Court of Australia Act 1976, s 24(1A) Federal Court Rules, O 3, r 3 FAI General Insurance Company Limited v Southern Cross Exploration N.L. (1987-1988) 165 CLR 268 - cons. MICHAEL VINCENT BOURKE & ORS v STATE BANK OF NEW SOUTH WALES LTD. No. NG 516 of 1994 No. NG 471 of 1994 Beaumont, Einfeld and Beazley JJ. 13 March 1995 Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 516 of 1994 GENERAL DIVISION ) No. NG 471 of 1994

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: MICHAEL VINCENT BOURKE First appellant L & M HOLDINGS PTY LTD Second appellant LRA RESTAURANTS PTY LTD Third appellant HUNTER DEVELOPMENT CO PTY LTD Fourth appellant EMAS PTY LTD Fifth appellant BONOTO PTY LTD Sixth appellant KRYS PROPERTIES PTY LTD Seventh appellant AVITO PTY LTD Eighth appellant TERENCE MARCELLIN BOURKE Ninth appellant AND: STATE BANK OF NEW SOUTH WALES LTD Respondent CORAM: BEAUMONT, EINFELD AND BEAZLEY JJ. DATE : 13 March 1995 MINUTES OF ORDER 2. THE COURT ORDERS THAT: 1. The separate question be answered as follows:- Question: Is leave required to appeal from the orders made by Wilcox J. on 15 June 1994 and from the orders made by Davies J. on 7 July 1994? Answer: In each case, "Yes". 2. There be no order made for the costs of the separate question. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.