Federal Court of Australia
Federal Court of Australia
Williams & Kersten Pty Ltd v National Australia Bank Limited (No 2) [2023] FCA 668 File number: VID 993 of 2019
Judgment of: LEE J
Date of judgment: 14 June 2023
Date of publication of reasons: 20 June 2023
Catchwords: PRACTICE AND PROCEDURE – case in state of inertia despite recent close case management – importance of pleading with precision – direction given under s 37P(2) of Federal Court of Australia Act 1976 (Cth)
Legislation: Corporations Act 2001 (Cth) s 588M(3) Federal Court of Australia Act 1976 (Cth) ss 37N(2), 37P(1), 37P(2), 37P(5), s 37P(6)(a)
Cases cited: Business Travel Media Pty Ltd v M Media Group Pty Ltd [2023] FCA 411 Williams & Kersten Pty Ltd v National Australia Bank Limited [2022] FCA 1254
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 24
Date of hearing: 14 June 2023
Counsel for the Applicant: Mr N Coburn
Solicitor for the Applicant: Redmond + Redmond Lawyers
Counsel for the Respondent: Ms P Neskovcin KC with Mr D McAloon
Solicitor for the Respondent: Allens
ORDERS VID 993 of 2019
BETWEEN: WILLIAMS & KERSTEN PTY LTD ACN 141 894 724 Applicant
AND: NATIONAL AUSTRALIA BANK LIMITED ACN 004 044 937 Respondent
order made by: LEE J DATE OF ORDER: 14 june 2023
THE COURT ORDERS THAT: 1. Pursuant to s 37P(1) of the Federal Court of Australia Act 1976 (Cth) (FCA Act), Orders 1, 2, 3, 5 and 6 of the Orders dated 26 April 2023 be vacated. 2. Pursuant to s 37P(1) of the FCA Act, on or by 5pm on 26 July 2023, the applicant provide to the Associate to Justice Lee and the NAB a draft second further amended statement of claim. 3. On or by 2 August 2023, the NAB indicate whether it opposes the grant of leave to the applicant to file a second further amended statement of claim. 4. The matter be listed for a case management hearing at 9:30am on 4 August 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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