State Bank of New South Wales v Commonwealth Savings Bank of Australia [1985] FCA 696

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JUDGMENT Wo. 2 27 <7

IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY No. 248 of 1984

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GENERAL DIVISION

STATE BANK OF NEW SOUTH WALES

Applicant COMMONWEALTH SAVINGS BANK OF AUSTRALIA

Respondent

COMMONWEALTH SAVINGS BANK OF AUSTRALIA

Cross-Claimant

STATE BANK OF NEW SOUTH WALES

First Cross-Respondent STATE OF NEW SOUTH WALES

Second Cross-Respondent

28 MAY 1985 REASONS FOR JUDGMENT LOCKHART J.

On 23 April 1985 I delivered my reasons for judgment on certain questions of fact and law raised by the pleadings. Before remitting the matter to this Court the Chief Justice of the High Court had earlier directed that those questions. with one exception - question 14 - be tried before other questions in the case. Question

14 was later added by consent.

I concluded my reasons for judgment by saying:

"Before finally answering these questions or making

any order or declarations I shall stand the matter

over for a short period to enable the parties to

consider my reasons for judgment and proposed

answers ... I direct the applicant to bring in

short minutes in' the meantime to give effect to my

reasons for judgment." In the result, the matter was adjourned until yesterday. Since 23 April 1985 three notices of motion have been filed. The State Bank

filed a notice of motion for an order that a judgment be entered in

its favour in the sum of $13,779,801.13, and an order that judgment be entered in its favour being interest on that sum pursuant to s. 79 of the Judiciary Act and s. 94 of the Supreme Court Act 1979 (N.S.W.) or by way of damages. The State filed a notice of motion for an order that those paragraphs of the CSB's cross-claim, which I proposed to answer adversely to it, be struck out. CSB filed a notice of motion seeking the leave of the Court to amend its defence and cross-claim in

the form of annexure "A" to that notice of motion.