Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G243 of 1985 : ) GENERAL DIVISION )
BETWEEN ;
COMMONWEALTH SAVINGS BANK OF AUSTRALIA
Appellant AND:
STATE BANK OF NEW SOUTH WALES
STATE OF NEW SOUTH WALES
Respondents
CORAM: Bowen C.J.
DATE: 16 September 1985
EXTEMPORE REASONS FOR JUDGMENT
This is an application by the Commonwealth Savings Bank of Australia for an order for expedition of an appeal from certain declarations and orders of Lockhart J. pronounced on 13
August 1985 in accordance with findings and conclusions expressed
in reasons for judgment delivered by his Honour on 23 April 1985
and 12 July 1985.
The decision of Lockhart J. was given in circumstances where the Chief Justice of Australia had remitted to this Court certain questions to be determined in a preliminary way.
Lockhart J. has given declarations determining a series of questions and made certain orders. A notice of appeal has been
filed and by this application expedition is now sought.
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The respondents, the State Bank of New South Wales and the State of New South Wales, oppose the granting of the order for expedition. They point out that two matters remain yet to be
decided for which hearing dates have been given.
There is a motion for judgment listed for hearing before Lockhart J. on 22 and 23 October 1985. This relates to leave which had been granted by him to amend the defence of the Commonwealth Savings Bank of Australia by putting on a cross-claim in the nature of a set-off. It was suggested that
this had the result of preventing final judgment from flowing
from the decisions which his Honour had given.
This amendment was allowed by Lockhart J. on the basis that evidence showing a prima facie case would be filed. Evidence was in fact filed in accordance with this order. The current motion for judgment is brought upon the basis that the
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