INGLIS AND ANOTHER V. COMMONWEALTH TRADING BANK OF AUSTRALIA

IN THE HIGH COURT OF AUSTRALIA\?S

TH TRADING BANK OF ""RUSTRALIE rn

'REASONS FOR JUDGMENT

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Oral Judgment delivered at... 2 ROY ececceecenneeeenenne

Friday 2nd October 1970

INGLIS & ANOTHER

ve

COMMONWEALTH TRADING BANK OF AUSTRALIA

JUDGMENT WALSH J. CORAL)

NGLIS_& ANOTHER

ve

COMMONWEALTH TRADING BANK OF AUSTRALIA

On 4th September 1970, the defendant in this action caused to be issued a summons seeking an order that the time for filing and serving the defendant's defence be extended until the date two calendar months after the order of the Full Court determining the appeal lodged by the plaintiffs on 25th August 1970, and seeking costs.

At the same time application was made to me in Chambers to make a special order, pursuant to the rules, that the summons itself should operate as a stay of proceedings and I did so.

On 10th August 1970 I gave my decision on a summons which had been on behalf of the defendant on 19th February 1970 and which was subsequently amended.

I made three orders on that summons, one dealing with the main application which had been made by it in relation to striking out portions of the amended statement of claim, one dealing with costs and the other, which was the second of the three orders made, being an order that the defence to the amended statement of claim might be delivered up to 7th September 1970.

The defendant's advisers apparently feared that because I had made that order in relation to the time for delivering defence, the defendant would be in jeopardy if the 7th September were allowed to pass without a defence having been delivered and without any further order having been made, Accordingly, they sought by telegram consent of

the plaintiffs to an extension of time for the filing of the

defence and in doing so they sought that the extended time should be a further two months whereas, under the order that I had made, the time as from the date of that order would have been four weeks.