Laws v Commonwealth Bank of Australia [1993] FCA 1087

Fase. AIRE WY a Pe snes =

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

GENERAL DIVISION

No€215 of 1992

BETWEEN: JOSEPH WILLIAM LAWS

(Applicant)

AND: COMMONWEALTH BANK OF AUSTRALIA A.C.N. 123 123 124

(First Respondent )

AND: JOHN WILLIAM LESLIE MURRAY

(Second Respondent )

AND: BRIAN G. STEVENS

(Third Respondent )

AND: LOUISE McCARTHY

(Fourth Respondent) AND: PETER DEITH | 2

(Fifth Respondent)

AND: GEOFF BENNIE

(Sixth Respondent)

AND: MIKE HINDSON (Seventh Respondent)

Coram: NORTHROP, RYAN and O'LOUGHLIN JJ Place: Melbourne Date: 17 JUNE 1993

EX TEMPORE REASONS FOR JUDGMENT

RYAN J: This is an application for leave to appeal from an order of a single Judge of the Court made on 18 February 1993. By that order his Honour ordered that the applicant's amended

statement of claim, filed on 11 November 1992, be struck out as

having a tendency to cause prejudice, embarrassment and delay in the proceeding. His Honour also gave leave to file and serve a

further amended statement of claim on or before 19 March 1993,

The amended statement of claim, after alleging that the second, third, fourth, fifth, sixth and seventh respondents are and have at all material times been officers, employees, agents or

servants of the first respondent ("the Bank"), continued:

"4. The first respondent has at all material times held the applicant Joseph William Laws, together with his wife Geraldine Laws, personally responsible for and liable for the alleged first mortgage, dated 4 May 1989, and bearing the dealing number P272071H ("the First Mortgage"). This was originally approved as a book-entry credit facility totalling $60,000 by the second respondent. Joseph William Laws hereby demands the right to speak for his wife.

6. In or about November 1990 the applicant and his wife Geraldine Laws approached "the Bank" and entered into an agreement whereby "the Bank" would provide $25,000 for use by the applicant to provide Lawsprint Pty Ltd with an overdraft facility ("the Facility"). This was also