National Australia Bank v Freeman

FEDERAL COURT OF AUSTRALIA

National Australia Bank v Freeman [2001] FCA 1783

NATIONAL AUSTRALIA BANK LIMITED v LYNTON NOEL CHARLES FREEMAN

No Q 7001 of 2001

SPENDER J
BRISBANE
10 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 7001 OF 2001

BETWEEN:	NATIONAL AUSTRALIA BANK LIMITED APPLICANT
AND:	LYNTON NOEL CHARLES FREEMAN RESPONDENT
JUDGE:	SPENDER J
DATE OF ORDER:	10 DECEMBER 2001
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The notice of motion filed 10 October 2001, insofar as it seeks review of Deputy District Registrar Baldwin’s decision refusing an order for discovery, be dismissed.

2.The respondent pay the applicant’s costs, to be taxed if not agreed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q 7001 OF 2001

BETWEEN:	NATIONAL AUSTRALIA BANK LIMITED APPLICANT
AND:	LYNTON NOEL CHARLES FREEMAN RESPONDENT

JUDGE:	SPENDER J
DATE:	10 DECEMBER 2001
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. By a notice of motion filed on 27 July 2001, Lynton Noel Charles Freeman sought an order that the National Australia Bank produce for inspection documents that were referred to in an affidavit which was attached to that notice of motion.  In the affidavit filed 27 July 2001, Mr Freeman referred to correspondence from Mallesons Stephen Jaques including a letter dated 20 June 2001 in relation to this aspect of the matter where Ms Costello referred in the first page to a request by Mr Freeman for nine categories of documents.

2. In respect of each of those categories, the bank responded.  On 22 June Mr Freeman wrote to Ms Costello and set out a request for 11 categories of documents.  The first category was Business Banking Handbook and other relevant manuals;  the second was delegated lending authority of two persons who occupied the position of Rural Finance Manager.  Mr Freeman next wanted bank statements of bank accounts that were held and conducted by the National Australia Bank, Red Ink memorandum account (Shadow Ledger), manager's suspense accounts and realisation accounts, schedule of securities, watch lists, National Australia Bank in Queensland (Head Office) and Central Queensland Credit Bureau files in total, the personnel file of a particular named Rural Finance Manager, as well as two other personnel files of other bank officers, and the personnel file of a bank officer who had retired from the National Australia Bank and who was advising Mr Freeman. 

3. The request in the notice of motion seeking discovery of documents was heard by Deputy District Registrar Baldwin, and in written reasons dated 26 September 2001, Registrar Baldwin refused to order discovery.  By a notice of motion filed 10 October 2001, Mr Freeman has sought, amongst other things, to review Registrar Baldwin's decision concerning discovery:  such review is heard by the Court de novo.  It is therefore necessary to have regard to the merits in support of the motion, although I have to say that I have derived considerable assistance from the…