Perazzoli v BankSA (No 3) [2016] FCA 677

FEDERAL COURT OF AUSTRALIA

Perazzoli v BankSA (No 3) [2016] FCA 677 File number: SAD 307 of 2014

Judge: MANSFIELD J

Date of judgment: 7 June 2016

Date of hearing: Heard on the papers

Date of last submissions: 28 May 2016

Registry: South Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 54

Counsel for the Applicants: M Livesey QC with S Evans

Solicitor for the Applicants: Johnson Winter & Slattery

Counsel for the First Respondent: B Roberts SC and T Besanko

Solicitor for the First Respondent: Fisher Jeffries

Counsel for the Non-Party: M Douglas

Solicitor for the Non-Party: Norman Waterhouse

ORDERS SAD 307 of 2014

BETWEEN: GALLIANO PERAZZOLI First Applicant

MORENO FERLUGA Second Applicant

WILLIAM JOHNSON Third Applicant

AND: BANKSA, A DIVISION OF WESTPAC BANKING CORPORATION LTD First Respondent

MICHAEL CHRISTOPHER SAMRA Second Respondent

MICHAEL CHRISTOPHER SAMRA AS TRUSTEE OF THE MICHAEL CHRISTOPHER SAMRA FAMILY TRUST TRADING AS ADELAIDE LENDING CENTRE Third Respondent ADELAIDE LENDING CENTRE GROUP PTY LTD (IN LIQUIDATION) Fourth Respondent

JUDGE: MANSFIELD J DATE OF ORDER: 7 JUNE 2016

THE COURT ORDERS THAT:

1. The first respondent has leave to uplift, inspect and copy the following documents, subject to the usual undertakings: 1.1 email of 15 July 2011 in the envelope marked NDC-2 referred to at paragraph 5 of the affidavit of Thomas William Burke sworn on 31 March 2015; 1.2 all documents identified in exhibit AV.1 to the affidavit of Antonietta Vozzo sworn on 21 April 2015 except for those documents identified in Annexure 1 to this Order; and 1.3 all documents identified in Exhibit TWB.1 to the affidavit of Thomas William Burke sworn on 21 April 2015 except for those documents identified in Annexure 2 to this order. 2. The application of the applicants for leave to appeal from the orders made in Order 1 be refused. 3. Leave to the first respondent to provide to the Court by 10 June 2016, and to serve on the applicants such affidavit or other material as may properly inform the Court on the maintenance of its proposed cross-appeal, including the extent to which that cross-appeal (if pursued and successful) may materially advance the resolution of their interlocutory application to summarily dismiss the proceeding. 4. Leave to the applicants to provide to the Court by 15 June 2016 and to serve material in response. 5. The applicants pay the first respondent 60% of its costs of the Privilege Argument to be taxed. 6. The first respondent pay to the non-party, Nicholas David Cooper, 30% of his costs of and incidental to the Privilege Argument to be taxed. Note: In these orders "Privilege Argument" means the costs of and incidental to the hearing and determination of the claims to privilege between the parties addressed in the reasons for judgment and incurred on and after 30 April 2015. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.