Blacker v National Australia Bank Limited [2001] FCA 987

FEDERAL COURT OF AUSTRALIA

Blacker v National Australia Bank Limited [2001] FCA 987

JUDGMENTS AND ORDERS – applicants for relief having been unsuccessful against their opposing party at first instance and again on appeal of this Court – applicants for relief having been unsuccessful against the same opposing party at first instance in the Supreme Court – applicants for relief lodged applications for special leave to appeal to High Court against decision on appeal in this Court – applicants for relief lodged appeal against decision in Supreme Court to Court of Appeal – applications by successful party to sequestrate unsuccessful parties' estates pending – applicants for relief presently bound by Mareva injunction – whether mareva injunction should be varied to enable part of funds thereby frozen to be made available for contesting bankruptcy proceedings – proprietary characteristics and status of "dairy exit payments" payable pursuant to Dairy Industry Adjustment Act 2000 (Cth) for purpose of Bankruptcy Act 1966 (Cth) and Income Tax Assessment Act – discretion as to appropriateness of declaratory relief.

Farm Household Support Act 1992 (Cth) Dairy Industry Adjustment Act 2000 (Cth) Bankruptcy Act 1966 (Cth) Contract Review Act 1980 (NSW) Trade Practices Act 1974 (Cth)

Ahern v Deputy Commissioner of Taxation (1988) 76 ALR 137 referred to National Australia Bank Ltd v Blacker (2000) 104 FCR 288 referred to Re Sharpe Ex parte Donnelly (1998) 80 FCR 536 cited PETER RAYMOND BLACKER & CHRISTINE BLACKER v NATIONAL AUSTRALIA BANK LIMITED NG 997 of 1997

JUDGE: CONTI J DATE: 26 JULY 2001 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG997 OF 1997

BETWEEN: PETER RAYMOND BLACKER & CHRISTINE BLACKER

APPLICANT

AND: NATIONAL AUSTRALIA BANK LIMITED