Textralian Enterprises Pty Ltd v Perpetual Trustees (Vic) [No 2] [1999] NSWCA 360

New South Wales Court of Appeal CITATION : Textralian Enterprises Pty Ltd v Perpetual Trustees (Vic) [No 2] [1999] NSWCA 360 FILE NUMBER(S) : CA 40843/98 HEARING DATE(S) : 17/09/99 JUDGMENT DATE : 17 September 1999

Textralian Enterprises Pty Ltd - 1st claimant/appellant B & M Activities Pty Ltd - 2nd claimant/appellant Bennett Joseph Slattery - 3rd claimant/appellant PARTIES : Rhonda Daily Slattery - 4th claimant/appellant Perpetual Trustees Victoria Limited - 1st opponent/respondent Australian Prime Property Fund Custodian Pty Limited - 2nd opponent/respondent Perpetual Trustee Company Limited - 3rd opponent/respondent JUDGMENT OF : Registrar Jupp

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 4497/97; 5027/97 LOWER COURT JUDICIAL OFFICER : Yong J

COUNSEL : Mr Conditsis - claimants/appellant Mr Walker - opponents/respondents SOLICITORS : Conditsis & Associates - claimants/appellants Freehill Hollingdale & Page - opponents/respondents CATCHWORDS : amendment of transcript of proceedings CASES CITED: Vakauta v Kelly (1988) 13 NSWLR 502 DECISION : Motion dismissed. Costs reserved to Court hearing appeal

- 5 - THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40843/98

REGISTRAR JUPP

Friday 17 September 1999 TEXTRALIAN ENTERPRISES PTY LTD AND TWO ORS v PERPETUAL TRUSTEES VICTORIA LIMITED AND TWO ORS

JUDGMENT

1 REGISTRAR: This appeal has been expedited and has been case managed by Mason P. 2 On 8 June 1999 Mason P made several directions, including the following: "(2) Subject to order 3, the transcript of the hearing is to be deemed corrected in accordance with the document entitled "Agreed Transcript Corrections 25 August 1998" referred to by Mr Insall in his fax of 26 May 1999.