National Australia Bank Ltd v Symons

[2003] VSC 217

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

PRACTICE COURT

No. 8753 of 2001

NATIONAL AUSTRALIA BANK LTD	Plaintiff
v
PETER JAMES SYMONS & JANETTE CATHRYN SYMONS	Defendants

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JUDGE:	CUMMINS J
WHERE HELD:	Melbourne
DATE OF HEARING:	30 May 2003
DATE OF JUDGMENT:	30 May 2003
CASE MAY BE CITED AS:	National Australia Bank v Symons & Anor
MEDIUM NEUTRAL CITATION:	[2003] VSC 217

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APPEARANCES:	Counsel	Solicitors
For the Plaintiff	Mr A. Segal	Mallesons Stephen Jaques
For the Defendants	Mrs J.C. Symons

HIS HONOUR:

1. Originally in these proceedings I had before me an ex parte application for a stay of an execution which has long been outstanding, and which has been many times postponed.  Before me was the applicant, Mrs Symons.  Now I have now before me counsel for the respondent for the application, the plaintiff in the original proceedings, the National Australia Bank, as well as Mrs Symons.

1. I have heard Mrs Symons state facts from the bar table.  She is not on oath.  I have had the benefit of submissions from Mr Segal, counsel for the National Australia Bank, together with an amplitude of factual material provided by Mrs Symons which has been sworn and placed before me.

1. I do not accept the evidence - I withdraw the word evidence - I do not accept the statements of Mrs Symons, which are not in evidence, but are statements from the Bar table.  I do not consider they are truthful.  I do not consider there is any proven or persuasive foundation for the further adjournment of these long outstanding proceedings, and I refuse the application.

(Discussion ensued about costs.)

I grant costs in this matter to the plaintiff, the National Australia Bank, on a         solicitor-client basis.