INGLIS AND ANOTHER V. COMMONWEALTH TRADING BANK OF AUSTRALIA

(No tHE HIGH COURT OF AUSTRALIA

INGLIS AND ANOTHER

COMMONVEALTH TRADING BANK OF

REASONS FOR JUDGMENT Wt SH/

Judgment delivered at..... SYAM@Y ene

Ve

"Suit

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GOMMONVEALTE TRARING BARK OF AUSTRALIA

I have before me a summons filed on behalf of the defendant by vhich orders were sought that the statement of claim be struck out on the ground that it does not disclose any reasonable causes of action; that the action be stayed or dismissed on the ground that it was shown by the pleadings to be frivolous or vexatious and that certain specifies paragraphs of the statement of claim be struck out,

It was also asked that one of the paragraphs dn the prayers for relief be struck out, and there are applications for an enlarging of the time for delivery of defence and for costs.

There is also before me a summons filed on bvebalf of the plaintiffs which raised objections to the @usmons of the defendant to vhich I have just referred.

I have heard argument at sone length, first on the plaintiffs' sumons - and at greater length on the Gefenéant's summons, The statement of claim to whieh ebjection is taken is a long document vith many paragraphs in it. In the course of the argument it appeared that the plaintiffs intended it to be the basis of a number of different eanuses of action against the defendant.

In my opinion, without going into the details of the matter, the statement of claim is, in some respects, Jacking in clarity and in sone respects is probably epen to more serious objection than thet. However, I have sot made any final decision on the question whether any particular parts of the statement of elaim ought to be struck ont, because I have not heard in full the subsissions which the plaintiff, Mrs. Inglis, wanted to make on behalf of the plaintiffs. However, es the hearing of the sumaons was still proceeding,