Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 1184 Citation: Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 1184
Appeal from: Wilmink v Westpac [2014] FCA 872
Parties: KEVIN WILMINK AS TRUSTEE FOR THE BANGARRA TRUST and PETER PAALVAST AS TRUSTEE FOR THE BANGARRA TRUST v WESTPAC BANKING CORPORATION (ABN 33 007 457 141)
File number: NSD 922 of 2014
Judge: FOSTER J
Date of judgment: 5 November 2014
Legislation: Federal Court Rules 2011, r 36.01(1)(c) and r 36.01(2)
Cases cited: Moussalli v Western Power [2010] FCA 1120
Date of hearing: 5 November 2014
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 16
Solicitor for the Appellants: There was no appearance by or on behalf of the putative Appellant
Counsel for the Respondent: Mr SB Docker
Solicitor for the Respondent: Kemp Strang
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 922 of 2014
BETWEEN: KEVIN WILMINK AS TRUSTEE FOR THE BANGARRA TRUST
First Appellant
PETER PAALVAST AS TRUSTEE FOR THE BANGARRA TRUST
Second Appellant
AND: WESTPAC BANKING CORPORATION (ABN 33 007 457 141)
Respondent
JUDGE: FOSTER J DATE OF ORDER: 5 NOVEMBER 2014 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Appeal filed in the name of Bangarra Trust on 9 September 2014 be struck out. 2. Leave be granted to Kevin Wilmink and Peter Paalvast to file and serve an Amended Notice of Appeal in proper form by which they challenge the judgment and orders of the primary judge, such Amended Notice of Appeal to be filed and served by 12 November 2014. 3. By 12 November 2014, Kevin Wilmink and Peter Paalvast file and serve any affidavits upon which they intend to rely at the hearing of the Interlocutory Application filed by the respondent on 3 November 2014. 4. The said Interlocutory Application filed by the respondent on 3 November 2014 be listed for hearing at 10.15 am on 14 November 2014 before Foster J. 5. The costs of this proceeding to date be reserved. 6. By 12 noon on 6 November 2014, the solicitors for the respondent notify Mr Paalvast of the Orders made this day (5 November 2014). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate