Trezise, J.C. v National Australia Bank Ltd

[1995] FCA 67

IN THE FEDERAL COURT OF AUSTRALIA )
  )
VICTORIA DISTRICT REGISTRY       )       No. VG 372 of 1994
  )
GENERAL DIVISION                 )

B E T W E E N:

JOHN COLIN MAXWELL TREZISE & ORS

- and -
  Applicants

NATIONAL AUSTRALIA BANK LIMITED & ORS
  Respondents

JUDGE:    Heerey J

DATE:     16 February 1995

PLACE:    Melbourne

EX TEMPORE REASONS FOR JUDGMENT

I am satisfied that essentially the same orders should be made in the striking out application made on behalf of Williams and Williams as were made in the one brought by the Bank.  Contrary to the submissions put, it is clear that this Court has jurisdiction since, amongst other things, the relief sought involves a setting aside of an order of this Court. 

In respect of both respondents there will be a direction giving the applicants leave to deliver a further amended statement of claim, if so advised, and an order that the applicants pay any costs thrown away as a result of that.  Such amendments, hopefully, will get the proceedings in better shape.  But the real gist of the proceedings today was the application for summary judgment in respect of which the respondents failed, so I think that costs should reflect that.

I certify that this and the preceding page are a true copy of the reasons for judgment of his Honour Mr Justice Heerey.

Dated:

Associate

Appearances

Counsel for the applicant:       Mr A Myers QC, Mr R

Greenberger

Solicitor for the applicant:     Harrison & Associates

Counsel for the second           Mr N O'Bryan

respondent:

Solicitor for the second             Minter Ellison Morris

respondent:Fletcher

Date of hearing:                 16 February 1995