Federal Court of Australia
NOT FOR DISTRIBUTION CATCHWORDS PRACTICE AND PROCEDURE - application for further and better discovery - whether discovery would be oppressive - potential relevance of documents sought - no question of principle. ALLSTATE LIFE INSURANCE CO & ORS v ANZ BANKING GROUP LTD & ORS (No 23) Lindgren J Sydney 1 February 1996
IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) GENERAL DIVISION ) No NG 381 of 1994 BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed in Annexure A to the third further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 and the parties listed in Annexure B to the third further amended statement of claim. Respondents No NG 523 of 1991 BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed in Annexure A to the third further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 and the parties listed in Annexure B to the third further amended statement of claim. Respondents No NG 622 of 1991 BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed in Annexure A to the third further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 and the parties listed in Annexure B to the third further amended statement of claim. Respondents
No NG 635 of 1991 BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed in Annexure A to the third further amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED ACN 005 357 522 and the parties listed in Annexure B to the third further amended statement of claim. Respondents CORAM: Lindgren J PLACE: Sydney DATE: 1 February 1996 REASONS FOR JUDGMENT (No 23) There is before the Court a motion by the applicants seeking against the 1st to 11th respondents (the "Banks") further and better discovery. The motion is brought by notice of motion filed on 25 January 1996. The documents in respect of which discovery is sought are described as follows in para 2 of the notice of motion:
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