ARBEST PTY LIMITED v STATE BANK OF NEW SOUTH WALES LIMITED [1996] NSWCA 19

ARBEST PTY LIMITED v STATE BANK OF NEW SOUTH WALES LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA 20 March 1996

[1996] NSWCA 19

Priestley JA. On 2 February this year the Court pronounced final judgment in this matter. The parties were ordered to agree upon orders implementing the court's judgment and in the event of disagreement of a formal character about those orders were directed to relist the proceedings before me to settle the orders of the Court.

Pursuant to those directions and pursuant to continuing disagreement in some respects, concerning the form of the orders, the matter has been relisted before me and I have before me the draft orders suggested by the appellants on the one hand and the respondent on the other.

I have heard argument about those orders and will make orders as follows by reference to the draft of the appellants.

Order 1, as in the appellants" draft.

Order 2, by amending the draft order in the appellants" draft to accord with the draft order in the respondent's draft. That is, order 2 will be, orders 1 and 4 made by Young J on 22 March 1994 be set aside.

Order 3 in the appellants" draft is the same as order 3 in the respondent's draft, and I make it as in the appellants" draft.

Order 4 was opposed by the respondent as being unnecessary. I agree with that view and will not make order 4.

Order 5 in the appellants" draft is agreed upon by the respondent and I make it as in the appellants" draft, except I renumber it 4.

Order 6 in the appellants" draft was not the subject of any substantive contention and I will make it in a varied form, numbered 5 as follows; order that the determination of any damages pursuant to the Fair Trading Act 1987 and the findings of this court be remitted for inquiry by a Master of the Supreme Court in the Common Law Division at the appellants" risk as to costs.