Howard v National Bank of New Zealand Limited [2003] FCA 41

FEDERAL COURT OF AUSTRALIA

Howard v National Bank of New Zealand Limited [2003] FCA 41

GREGORY JOHN HOWARD, BLANCH FRANÇOISE AND MICHELINE MCDONALD v NATIONAL BANK OF NEW ZEALAND LIMITED, P K MURDOCH, KEVIN LUFF, GLENN RUSBATCH, ROD HUTTON, JOHN BOYD AND SIR JOHN ANDERSON

Q 226 OF 2001

DRUMMOND J 4 FEBRUARY 2003 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 226 OF 2001

BETWEEN: GREGORY JOHN HOWARD

FIRST APPLICANT

BLANCH FRANÇOISE

SECOND APPLICANT

MICHELINE MCDONALD

THIRD APPLICANT

AND: NATIONAL BANK OF NEW ZEALAND LIMITED

FIRST RESPONDENT

P K MURDOCH

SECOND RESPONDENT

KEVIN LUFF

THIRD RESPONDENT

GLENN RUSBATCH

FOURTH RESPONDENT

ROD HUTTON

FIFTH RESPONDENT

JOHN BOYD

SIXTH RESPONDENT

SIR JOHN ANDERSON

SEVENTH RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 4 FEBRUARY 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The proceedings be stayed until the hearing and determination by judgment given after trial of proceeding CP223/01 pending in the Wellington Registry of the High Court of New Zealand.

2. The applicants have liberty to apply with respect to the stay order.

3. Costs of the respondents' notice of motion filed 6 December 2002 be costs in the proceedings.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 226 OF 2001

BETWEEN: GREGORY JOHN HOWARD

FIRST APPLICANT

BLANCH FRANÇOISE

SECOND APPLICANT

MICHELINE MCDONALD

THIRD APPLICANT

AND: NATIONAL BANK OF NEW ZEALAND LIMITED

FIRST RESPONDENT

P K MURDOCH