Southern Cross Airlines Holdings Ltd v Westpac Banking Corp & Ors [1997] FCA 886

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY QG 15 of 1994

BETWEEN: SOUTHERN CROSS AIRLINES HOLDINGS LIMITED

(IN LIQUIDATION)

ACN 006 982 387

Applicant

AND: WESTPAC BANKING CORPORATION

ARBN 007 457 141

Respondent

WESTPAC BANKING CORPORATION

First Cross-claimant

SOUTHERN CROSS AIRLINES HOLDINGS LIMITED

(IN LIQUIDATION)

ACN 006 982 387

First Cross-respondent

WESTPAC BANKING CORPORATION

Second Cross-claimant

SIR LEO HIELSCHER

Second Cross-respondent

BRIAN HARVEY BADEN POWELL

Third Cross-respondent

LEONARD THOMAS GEORGE HEARD

Fourth Cross-respondent

DAME MARGARET GEORGINA CONSTANCE GUILFOYLE

Fifth Cross-respondent

LEIGH MASEL

Sixth Cross-respondent

DAVID SAMUEL COATS

Seventh Cross-respondent

JAMES GRAHAM AMBROSE TUCKER

Eighth Cross-respondent

WESTPAC BANKING CORPORATION

Third Cross-claimant

ARTHUR ANDERSEN (A FIRM)

Ninth Cross-respondent

JUDGE: RYAN J DATE OF ORDER: 5 SEPTEMBER 1997 WHERE MADE: MELBOURNE (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. Within 21 days of this Order the respondent file and serve an affidavit making further and better answers to the following interrogatories administered for its examination on behalf of the applicant: 5(c) 56(f) 70(a) and (b) confined to supervision or monitoring by Alexander 71 confined to the calculation of a TAE by Alexander or some officer of the respondent (other than Tingiri) who reported to Alexander. 2. The costs of each party of and incidental to the motion on notice filed 22 March 1996 be costs in the cause.