Napier, S.M. v. National Australia Bank [1994] FCA 845

JUDGMENT No. oc tS alt

CATCHWORDS

DISCOVERY - claim relating to loan - unconscionable conduct by reason of manager's representation and promises - further discovery agamst the respondent - memoranda and advices from Head Office - lending manuals and employment history of manager.

Trade Practices Act ss. 52,53

aro argaret Napier as an execut the estate t QG8 of 1992

Kiefe] J; Brisbane; 4 November 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTAY

IN THE FEDERAL COURT OF AUSTRALIA EENS D DISTRICT REGISTRY

GENERAL DIVISION

~~

BETWEEN: SHARON MARGARET NAPIER as an executor of the estate of the

late Colin Ross Napier

Applicant AND: NATION. U' IA B. Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 4 November 1994 WHERE MADE: Brisbane OURT O T: 1. The respondent file and serve upon the applicant within twenty-one (21) days of the date hereof an affidavit stating: (a) whether circulars, bulletins, memoranda and advices from

Head Office, Queensland State admunistration, regional managers or regional operations for the south-west region relating to projections of lending and interest rates or containing the bank's comments upon future rates for the period 1986 to the date of the filing of the application herein

and addressed to the Tara branch or to branches generally;

(b) whether lending manuals, the Tara manager's delegated

lending authority and the bank's regulations for the years

1985-1987;

(c) whether customer liabilities regular returns and reports and manager's watch lists from 1985 to 1987 and with respect to

accounts held by Mr Napier at the Tara branch;

are presently in its possession, custody or power or whether they have been in its possession, custody or power and if they have been but are not now in its possession, custody or power when they were not and what has become of them and if this 1s not known stating what searches have been