Federal Court of Australia
'Qo? (NOT FOR DISTRIBUTION)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 277 of 1985
GENERAL DIVISION
BETWEEN :
SHIRLEY JOAN MORGAN and
LEO JAMES MORGAN Applicants and A.G.C. (ADVANCES) LIMITED Respondents
MINUTES OF ORDER
COURT: Woodward J. DATE: 9 April 1987 PLACE: Melbourne
THE COURT ORDERS THAT:
The notice of motion dated 1 December be dismissed with
costs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 277 of 1985
GENERAL DIVISION
BETWEEN
SHIRLEY JOAN MORGAN and
LEO JAMES MORGAN Applicants and A.G.C. (ADVANCES) LIMITED Respondents
COURT: Woodward J.
DATE: 9 April 1987 PLACE: Melbourne
EX~TEMPORE REASONS FOR JUDGMENT
In this matter the applicants are seeking further discovery of certain financial records of the respondent and further and better answers to interrogatories. So far as the discovery question is concerned, I am satisfied on the evidence before me that the additional banking records which have been
sought would not bring about the better or more convenient trial
of the action.
With regard to what have been referred to as the 'posting' records, I am prepared to accept that there are in the interstices of the respondent's record-keeping system individual entries, whether held on computer or elsewhere, which may indicate certain payments being received by the respondent from the applicants. However, the respondent has pointed out by affidavit
that those records are immediately transferred to the applicants'
individual ledger cards and that the entries on the ledger cards have been made available to the applicants and the dates and amounts of payments received have been disclosed by way of answers
to interrogatories.
It is by no means clear whether any of those payments are actually in dispute in these proceedings, and if so whether the dispute relates to more than a very few of the payments that have been made. Certainly so far as the pleadings are concerned, there is only one reference to a dispute about a particular payment. Given these facts, it seems to me that in the exercise of my discretion it would be quite improper for me to put the respondent to the trouble and expense of trying to trace all the individual posting records of payments made by the applicants. Accordingly, that part of the notice of motion seeking further and
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