FEDERAL COURT OF AUSTRALIA Blacker v National Australia Bank Limited [2000] FCA 1171 PETER RAYMOND BLACKER & ANOR v NATIONAL AUSTRALIA BANK LIMITED NG 997 OF 1997 HELY J 10 AUGUST 2000 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 997 OF 1997 BETWEEN: PETER RAYMOND BLACKER FIRST APPLICANT CHRISTINE BLACKER SECOND APPLICANT AND: NATIONAL AUSTRALIA BANK LIMITED RESPONDENT JUDGE: HELY J DATE OF ORDER: 10 AUGUST 2000 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application for leave to appeal from the judgment of Katz J given on 26 July 2000 be granted. 2. The cost of this application be costs in the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 997 OF 1997 BETWEEN: PETER RAYMOND BLACKER FIRST APPLICANT CHRISTINE BLACKER SECOND APPLICANT AND: NATIONAL AUSTRALIA BANK LIMITED RESPONDENT JUDGE: HELY J DATE: 10 AUGUST 2000 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This is an application for leave to appeal from a decision of Katz J given on 26 July 2000. By that decision his Honour varied certain of the orders which he made in consequence of his principal decision on 8 June 2000. The principal decision is the subject of a pending appeal. It seems to me that the Full Court should be seized of the whole of the matter and for that reason I propose to grant leave to appeal from the decision of Katz J given on 26 July 2000. 2 The cost of this application will be costs in the appeal. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely. Associate: Dated: 21 August 2000 Counsel for the Applicant: Mr L Aitken (Respondent on the Application for Leave to Appeal) Solicitor for the Applicant: Commins Hendriks (Respondent on the Application for Leave to Appeal) Solicitor for the Respondent: Dibbs Crowther & Osborne (Applicant on the Application for Leave to Appeal) Date of Hearing: 10 August 2000 Date of Judgment: 10 August 2000