Blacker v National Australia Bank Ltd [2000] FCA 1011

Blacker v National Australia Bank Ltd [2000] FCA 1011

It is appropriate to vary the commencement of order 7 such that it takes effect only after the determination of the Supreme Court Equity Proceedings Number 2676 of 2000, to ensure the applicants are not prevented by the Federal Court judgment from prosecuting their Contracts Review Act claim in the Supreme Court of NSW.

Jurisdiction
Australia
Judgment Date
26 July 2000
Procedural Posture
Claim and Cross Claim / Post Judgment; Application to Vary Orders
Outcome
Order 11 varied; timing of order 7 deferred until after Supreme Court proceedings.
Legal Topics
['jurisdiction' 'variation of Judgment' 'contracts Review Act 1980 (nsw)']
['civil Procedure' 'banking Law'] ['jurisdiction' 'variation of Judgment' 'contracts Review Act 1980 (nsw)']

Case Brief

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Procedural Posture

Claim and Cross Claim / Post Judgment; Application to Vary Orders

Legal Issues

  1. 1 ['Whether the Federal Court had jurisdiction over the Contracts Review Act claim' 'Whether original orders reflected the intention of the Court regarding the prosecution of the Contracts Review Act claim in the Supreme Court of NSW' 'Whether order 7 should be suspended pending the outcome of the Supreme Court proceeding']

Ratio Decidendi

It is appropriate to vary the commencement of order 7 such that it takes effect only after the determination of the Supreme Court Equity Proceedings Number 2676 of 2000, to ensure the applicants are not prevented by the Federal Court judgment from prosecuting their Contracts Review Act claim in the Supreme Court of NSW.

Court Disposition

Order 11 varied; timing of order 7 deferred until after Supreme Court proceedings.

Orders

  • ["The orders made on 8 June 2000 be varied by varying order 11 to read as follows: 'Orders 1 to 6 and 8 to 10 of these orders take effect at 19 June 2000. Order 7 of these orders takes effect following the determination of Supreme Court Equity Proceedings Number 2676 of 2000.'"]