Kabwand Pty Ltd & Ors v National Australia Bank Ltd & Ors [1987] FCA 561

#JUDGMENT No. 26!

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G65 of 1986

GENERAL DIVISION }

BETWEEN: KABWAND PTY. LTD.

First Applicant AND: E.J.R. PASTORAL COMPANY PTY. LTD.

Second Applicant

AND: EDWARD PLANTAGENET SOMERSET AND ELSIE JOY SOMERSET

Third Applicant

AND: NATIONAL AUSTRALIA BANK LIMITED

Respondent/Cross Claimant

AND: KABWAND PTY. LTD. First Cross Respondent

AND: EDWARD PLANTAGENET SOMERSET ANT) ELSTE_JOY

SOMERSET Second Cross Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 16 SEPTEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for discovery be dismissed.

2. Costs be costs in the proceedings.

3. The matter be set down for trial by the Regi

FEE Ta Cd oe,

bead fol

Settlement and entry of orders is dealt wi

Order 36 of the Federal Court Rules. FEDRRA'. OC! TF ,

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G65 of 1986 GENERAL DIVISION )

BETWEEN: KABWAND PTY. LTD.

First Applicant

AND: E.J.R. PASTORAL COMPANY PTY. LID.

Second Applicant

AND: EDWARD PLANTAGENET SOMERSET AND ELSIE Joy SOMERSET

Third Applicant

AND: NATIONAL AUSTRALIA BANK LIMITED

Respondent/Cross Claimant

AND: KABWAND PTY. LTD.

First Cross Respondent

AND: EDWARD PLANTAGENET SOMERSET AND ELSIE JOY SOMERSET

Second Cross Respondent

PINCUS J. 16 September 1987

EX _TEMPORE REASONS FOR JUDGMENT

This is a dispute about discovery which raises an unusual point. A number of affidavits and lists of documents were made on behalf of the applicants, and the solicitors for the respondent sought inspection. On inspection, a number of

documents were produced which were not in schedule 1 part 1, but

in respect of which the instructions of the applicants' solicitors

were to claim privilege and they had intended to do so.

On 25 June 1987, the solicitors for the respondent wrote