Blacker v National Australia Bank Limited [2001] FCA 129

FEDERAL COURT OF AUSTRALIA

Blacker v National Australia Bank Limited [2001] FCA 129

JUDGMENTS AND ORDERS - application for correction of error in order - where error said to arise from accidental omission - whether order stating Court's intention at time of making earlier order constitutes correction of earlier order - no scope for correction- any accidental omission irrelevant. JUDGMENTS AND ORDERS - judgment debt - interest on judgment debt - date from which judgment debt carries interest - date as of which order entered – whether date as of which order entered taken to be date on which order made - whether order expressed to take effect at later date becomes order made on later date.

Federal Court of Australia Act 1976 (Cth) ss 4, 52(1) Federal Court Rules (Cth), O 35 r 3, O 35 r 7(3), O 36 r 9 Statutory Rules 1988 (Cth) No 14, r 2 Explanatory Statement Statutory Rules 1988 No 14 Re Serafino; Ex parte Classic Manufacturing Pty Ltd (1989) 86 ALR 283 referred to Re James; Ex parte Carter Holt Harvey Roofing (Australia) Pty Ltd (1993) 46 FCR 183 referred to Garner, A Dictionary of Modern Legal Usage, 2nd ed 1995, at 80 PETER RAYMOND BLACKER & CHRISTINE BLACKER v NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) NG 997 of 1997 KATZ J 23 FEBRUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 997 of 1997

BETWEEN: PETER RAYMOND BLACKER

& CHRISTINE BLACKER

APPLICANTS/CROSS-RESPONDENTS

AND: NATIONAL AUSTRALIA BANK LIMITED

ACN 004 044 937

RESPONDENT/CROSS-CLAIMANT

JUDGE: KATZ J

DATE OF ORDER: 23 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 The cross-claimant's application be dismissed. 2 The cross-claimant pay the cross-respondents' costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.