Perazzoli v BankSA (No 4) [2016] FCA 725

FEDERAL COURT OF AUSTRALIA

Perazzoli v BankSA (No 4) [2016] FCA 725 File number: SAD 307 of 2014

Judge: MANSFIELD J

Date of judgment: 23 June 2016

Date of hearing: 14 June 2016

Date of last submissions: 17 June 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: 25

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 Respondent: Fisher Jeffries

Counsel for the Non-Party T Bourke

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: 23 JUNE 2016

THE COURT ORDERS THAT:

1. On the application by the applicants, Order 2 of the Orders made on 7 June 2016 is set aside pursuant to r 39.05(c) of the Federal Court Rules 2011 (Cth) (the Rules). 2. Leave is given to the applicants to appeal from Order 1 of the Orders made on 7 June 2016 in respect of the proposed grounds of appeal as set out in [10] of the Reasons for Judgment published with these Orders but confined to: (a) the proposed ground 1 headed "Advice Privilege" save that the proposed ground 1.3 should be amended to exclude the words "and materials" in line 1; and (b) the proposed ground 2 headed "Litigation Privilege" but confined to the proposed ground 2.3 (including the introduction lines to ground 2), but deleting the words "and materials" in line 1 ground 2.3, so that leave to appeal from the said Orders is not given in respect of proposed grounds 2.1 and 2.2. 3. Leave is given to the first respondent to cross-appeal from the said orders (or to file a notice of cross-contention in relation to the said orders) on the grounds specified in its Draft Motion of cross-appeal appended to its written submissions dated 20 May 2016. 4. There be no order as to the costs of the applicants on their application pursuant to r 39.05(c) of the Rules to set aside Order 1 of the Orders made on 7 June 2016, including the further application for leave to appeal. 5. The costs of the first respondent on its application for leave to cross-appeal follow the outcome of the proposed cross-appeal, unless the Full Court otherwise orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.