Trifunovski v ACE Insurance Limited [2012] FCA 858

FEDERAL COURT OF AUSTRALIA

Trifunovski v ACE Insurance Limited [2012] FCA 858 Citation: Trifunovski v ACE Insurance Limited [2012] FCA 858

Parties: BLAGOJA TRIFUNOVSKI v ACE INSURANCE LIMITED

File number: NSD 649 OF 2009

Judge: PERRAM J

Date of judgment: 13 August 2012

Catchwords: PRACTICE AND PROCEDURE – Application to recall reasons – whether reasons should be recalled

Cases cited: ACE Insurance Limited v Trifunovski (No 2) [2012] FCA 793 varied OzEcom v Hudson Investment Group [2007] NSWSC 1441 followed Wentworth v Rogers [2002] NSWSC 921 followed

Date of hearing: 13 August 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 9

Counsel for ACE Insurance: A Leopold SC, RD Glover

Solicitor for ACE Insurance: Allens

Counsel for Mr Trifunovski: A Britt

Solicitor for Mr Trifunovski: KP O'Donnell & Associates

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 649 OF 2009

BETWEEN: BLAGOJA TRIFUNOVSKI

Applicant

AND: ACE INSURANCE LIMITED

Respondent

JUDGE: PERRAM J DATE OF ORDER: 13 August 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent be granted leave to file in Court an interlocutory application seeking to have part of the judgment of 31 July 2012 recalled. 2. The respondent be granted leave to file in Court the affidavit of Peter John Elliot Arthur sworn on 7 August 2012. 3. The Respondent pay to the Applicant within 28 days: (a) the sum of $69,766.44 in respect of annual leave; (b) the sum of $7,459.87 in respect of long service leave; (c) the sum of $48,533.59 in respect of interest; and (d) the sum of $2,000 in respect of the Applicant's one fifth share of the penalty imposed on the Respondent. 4. To the extent necessary, leave to appeal is granted in respect of the orders made by Justice Perram on 18 November 2011 and order 3 hereof. 5. The Applicant is to file and serve his submissions on costs by 4:00pm on Monday, 20 August 2012. 6. The Respondent is to file and serve its submissions on costs by 4:00pm on Monday, 27 August 2012. 7. The respondent be granted leave to file in Court an interlocutory application seeking that the payment of moneys be stayed pending its appeal. 8. The matter be listed on 22 August 2012 before the Registrar for the production of documents referred to in prayer 9. 9. On 22 August 2012, the applicant produce to the Court: (a) Income tax returns and business activity statements for the applicant for the 2009/2010, 2010/2011 and 2011/2012 financial years. (b) Notices of assessment for the applicant for the 2009/2010, 2010/2011 and 2011/2012 financial years. (c) All statements for any bank account held by the applicant for the period 1 January 2011 to date. (d) All documents recording any interest in real property held by the applicant in the period 1 January 2011 to date. (e) All documents recording any interest in any shareholding in or other securities in any listed public company or trust held by the applicant in the period 1 January 2011 to date. (f) All documents recording the liabilities of the applicant in the period 1 January 2011 to date. 10. The matter be stood over for the hearing of the stay application on Tuesday 28 August 2012 at 9:30 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.