Pianta, J.H. & Anor v National Australia Bank Ltd & Anor [1995] FCA 293

C A T C H W O R D S PRACTICE AND PROCEDURE - application to strike out statement of claim - statement of claim misleading such as to be an abuse of process - application struck out. Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Bryant v Commonwealth Bank of Australia (Sackville J., unreported, 3 March 1995) JOSEPH HENRY PIANTA and LORNA MARY PIANTA v. NATIONAL AUSTRALIA BANK LTD (ACN 004 004 937) and DIBBS CROWTHER OSBORNE NG 528 of 1994 Davies J. Sydney 8 May 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 528 of 1994 ) GENERAL DIVISION ) BETWEEN: JOSEPH HENRY PIANTA First Applicant LORNA MARY PIANTA Second Applicant AND: NATIONAL AUSTRALIA BANK LTD (ACN 004 004 937) First Respondent DIBBS CROWTHER OSBORNE Second Respondent Coram: Davies J. Place: Sydney Date: 8 May 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The whole of the amended statement of claim filed 7 December 1994 be struck out. 2. The first and second applicants pay the costs of the motion of the first and second respondents. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 528 of 1994 ) GENERAL DIVISION ) BETWEEN: JOSEPH HENRY PIANTA First Applicant LORNA MARY PIANTA Second Applicant AND: NATIONAL AUSTRALIA BANK LTD (ACN 004 004 937) First Respondent DIBBS CROWTHER OSBORNE Second Respondent Coram: Davies J. Place: Sydney Date: 8 May 1995 REASONS FOR JUDGMENT This is a motion brought on behalf of the respondents seeking an order that the amended statement of claim filed on 7 December 1994 be struck out. A copy of the statement of claim is attached marked "A".