Cachia v Westpac Financial Services Ltd (No. 4) [1999] FCA 1116

FEDERAL COURT OF AUSTRALIA

Cachia v Westpac Financial Services Ltd (No. 4)[1999] FCA 1116 PRACTICE AND PROCEDURE – motion for summary dismissal and striking out – whether reasonable cause of action disclosed – no question of principle SALV LAURENCE CACHIA v WESTPAC FINANCIAL SERVICES LIMITED NG 3723 of 1996 LINDGREN J 7 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 3723 OF 1996

BETWEEN: SALV LAURENCE CACHIA

Applicant

AND: WESTPAC FINANCIAL SERVICES LIMITED

Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 7 SEPTEMBER 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Paragraphs 3-7 and 22-25 of the amended statement of claim filed on 2 December 1998 be struck out. 2. The applicant have leave to re-plead the claim for damages for statutory contraventions and breach of duty of care by filing and serving a further amended statement of claim by 28 September 1999. 3. The respondent file and serve its defence to any further amended statement of claim filed within that period by 12 October 1999. 4. Otherwise the respondent's motion brought by notice of motion filed on 17 May 1999 be dismissed. 5. The applicant file and serve his affidavits by 28 September 1999. 6. The respondent file and serve its affidavits by 12 October 1999. 7. The applicant file and serve any affidavits in reply by 19 October 1999. 8. The proceeding be stood over to 22 October 1999 at 9:30am for directions and for a review of the state of readiness of the proceeding for final hearing. 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 3723 OF 1996

BETWEEN: SALV LAURENCE CACHIA