INGLIS AND ANOR V. COMMONWEALTH TRADING BANK OF AUSTRALIA

IN THE HIGH COURT OF AUSTRALIANZ®

INGLIS AND ANOR.

COMMONWEALTH TRADING BANK OF "AUSTRALIA

ye " eas

LIGIN A.

REASONS FOR JUDGMENT

Oraudgment delivered at..........SXDNBY ecco

on...

INGLIS AND ANOR.

COMMONWEALTH TRADING BANK OF AUSTRALIA

ORDER

Summons dismissed. Plaintiffs to pay the defendant's

costs.

INGLIS AND ANOR.

COMMONWEALTH TRADING BANK OF AUSTRALIA

JUDGMENT BARWICK C.J. (ORAL)

CHAMBERS

INGLIS AND ANOR.

COMMONWEALTH TRADING BANK OF AUSTRALIA

The applicants' complaint, out of which this application has stemmed, is that the bank has made entries in its accounts which the applicants desire to challenge, Indeed, the applicants assert that the entries ought not to have been made, But the applicants neither seek to redeem - indeed, the applicants assert that they do not propose to redeem, nor are they seeking in this action any relief against the mortgagee as such.

What they are endeavouring to do is to assert that nothing is due under the mortgage, for several reasons, one of which is that they hope to recover so much in damages for the causes of action asserted in the pleadings that any sum properly due under the mortgage will be more than outweighed.

None of these considerations seem to me to form any warrant for my exercising any power I might have to order an account in this action at this stage. I have heard nothing from the applicants, nor can I see any reason why I should, in this action, at this stage, make an order against the defendant bank for the taking of an account as asked and upon the basis

asked by the applicants - or for that matter, at all.

I refuse the application for an interlocutory injunction as asked for in paragraph 4 of the summons and the orders set out in paragraphs 5 and 6. These paragraphs

need no comment. In my opinion the application is entirely

misconceived.

I therefore dismiss the summons.