Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - letters of request - purpose - "evidence material to any issue to be tried in the proceedings" - whether letters of request can be issued for the purpose of obtaining information as to the identity and whereabouts of witnesses who can give such evidence on the final hearing - whether such information is itself evidence material to an issue to be tried in the proceeding. Evidence Act 1905 (Cth) s 7V. Federal Court Rules O 24 r 1, O 35 r 7. Parsons v Martin (1984) 5 FCR 235 (FC). Elna Australia Pty Ltd v International Computer (Aust) Pty Ltd (1987) 14 FCR 461 (Gummow J). Nadin v Bassett (1884) 25 Ch D 21 (CA). Armour v Walker (1884) 25 Ch D 673 (CA). Hardie Rubber Co Pty Ltd v General Tire & Rubber Co (1973) 129 CLR 521. Sydney Ferries Ltd v SS "Tahiti" (1928) 28 SR (NSW) 307 (Street CJ). Smith v Smith [1975] 1 NSWLR 725 (Woodward J). ALLSTATE LIFE INSURANCE CO & ORS v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED & ORS (No 18)
No NG 381 of 1994 Lindgren J Sydney 13 December 1995
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 381 of 1994 GENERAL DIVISION ) BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed as applicants in Annexure A to the third further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED and the parties listed as respondents in Annexure B to the third further amended statement of claim. Respondents CORAM: Lindgren J PLACE: Sydney DATE: 13 December 1995
MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The proceedings stand over to Tuesday, 19 December 1995 at 9.30 am for the purpose of the making of orders in accordance with the reasons of Lindgren J published on 13 December 1995. 2. The parties submit to the Associate to Lindgren J by 5.00 pm on 18 December 1995 agreed form of short minutes of orders or if agreement has not been reached by that time, the forms of short minutes of orders for which the parties will respectively contend on 19 December 1995. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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