Toksoz v Westpac Banking Corporation (No 2) [2012] NSWCA 288

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toksoz v Westpac Banking Corporation (No 2) [2012] NSWCA 288 Hearing dates: On the papers Decision date: 20 September 2012 Before: Allsop P at [1] Hoeben JA at [29] Sackville AJA at [30] Decision: Rescind any effect of orders 5 and 7 made on 3 July 2012 and in their place: "Direct the Registrar of the Court of Appeal to forward the judgment delivered on 3 July 2012, this judgment and the judgment of the primary judge to the Secretary of the Commonwealth Department of Human Resources and to the Australian Taxation Office"; and "Order that publication of any matter relating to these proceedings to the extent that it might tend to identify persons who are or were customers of the respondent bank by name or unique identifiers in relation to such persons be prohibited." [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Legislation Cited: Australian Crime Commission Act 2002 (Cth) ss 7A and 7C Civil Procedure Act 2005 (NSW) New South Wales Crime Commission Act 1985 (NSW) s 3A Supreme Court Act 1970 (NSW) ss 23, 63, 75A, 91 Cases Cited: Reid v Howard [1995] HCA 40; 184 CLR 1 Toksoz v Westpac Banking Corporation [2012] NSWCA 199 Category: Consequential orders Parties: Gulay Toksoz (Appellant)Westpac Banking Corporation (Respondent) Representation: G C Lindsay SC, P G Bolster (Appellant)A G Bell SC, P Kulevski (Respondent) Allied Lawyers (Appellant)Henry Davis York (Respondent) File Number(s): 2008/277888 Decision under appeal Citation: [2010] NSWSC 1509 Date of Decision: 2010-12-23 00:00:00 Before: Palmer J File Number(s): 2008/277888