Bakarich v Commonwealth Bank of Australia [2010] NSWCA 130

The appropriate course is to confirm previous directions that the application to re-open the appeal should proceed only on material previously directed to be provided, and that no subpoenas issue for the purpose of the application.

Source-derived case information.

Parties: Appellants: Anthony George Bakarich as Executor of the estates of the late Mary Patricia Bakarich and Allan John Bakarich, Anthony George Bakarich, Vitlern Pty Limited (ACN 003 060 679), A Bakarich Industries Pty Limited (ACN 001 317 577); Respondent: Commonwealth Bank of Australia
Jurisdiction: Australia
Judgment Date: 02 June 2010
Procedural Posture: Application to Re Open Appeal / Directions Hearing/preparatory Orders Before Substantive Hearing
Outcome: Confirmatory procedural orders made; application to re-open appeal set for hearing; limitation to existing material; subpoenas not permitted for current application.
Legal Topics: Application to Re Open Appeal, Directions Orders, Issue of Subpoenas, Procedural Orders

Civil Procedure Application to Re Open Appeal Directions Orders Issue of Subpoenas Procedural Orders

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Parties

Anthony George Bakarich as Executor of the estates of the late Mary Patricia Bakarich and Allan John Bakarich, Anthony George Bakarich, Vitlern Pty Limited (ACN 003 060 679), A Bakarich Industries Pty Limited (ACN 001 317 577)

Appellants

Commonwealth Bank of Australia

Respondent

Procedural Posture

Application to Re Open Appeal / Directions Hearing/preparatory Orders Before Substantive Hearing

Legal Issues

1 Whether to permit subpoenas to be issued for the application to re-open the appeal
2 What directions are appropriate for hearing the application to re-open the appeal

Ratio Decidendi

Court Disposition

Confirmatory procedural orders made; application to re-open appeal set for hearing; limitation to existing material; subpoenas not permitted for current application.

Orders

Mr Bakarich's application to re-open the appeal fixed for 13 August 2010.
The application will proceed on material provided in accordance with directions made on 15 December 2009 and modified on 23 March 2010, and on no other material.

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