Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
NOT FOR CIRCULATION
VICTORIAN DISTRICT REGISTRY
No. VG 225 of 1987
GENERAL DIVISTON
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BETWEEN : ALPHONSE D. CUNNINGHAM & ORS.
Applicants AND: NATIONAL AUSTRALIA BANK LIMITED & ORS. Respondents JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 3 MARCH 1988
WHERE ORDER MADE: MELBOURNE.
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. io i
The applicants furnish further and better particulars of the allegations made in paras. 21, 21(a), 23, 24, 26 and 27 of the Amended Statement of Claim failed in Court on 3 March 1988 by filing and serving an appropriate document giving those particulars on or before 9 March 1988.
The fourth respondent file and serve its defence on or before
17 March 1988.
The matter be listed for further directions on 25 March 1988.
Costs of the motion shall be costs in the proceeding.
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIAN DISTRICT REGISTRY ) No. VG 225 of 1987 ) GENERAL DIVISION ) BETWEEN : ALPHONSE D. CUNNINGHAM & ORS. Applicants AND: NATIONAL AUSTRALIA BANK LIMITED & ORS. Respondents
3 March 1988 REASONS FOR INTERLOCUTORY JUDGMENT
LOCKHART J.
This is an unfortunate case. It commenced on 20 August last year by the filing of an Application and Statement of Claim and since then there have been many interlocutory proceedings. However we,
alas, are no further advanced than the filing of what is the seventh
or on one view of it the eighth Amended Statement of Claim. The costs to the parties and the delay that resulted are disturbing. The sooner this case is brought on for trial so that the true issues may emerge between the parties, the better. I have seen sufficient of the Amended Statements of Claim to know that the case is in essence nota difficult one: indeed, it is a perfectly usual sort of case that is
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