ABRAM v. NATIONAL AUSTRALIA BANK [2006] NSWSC 1409

New South Wales Supreme Court

CITATION : ABRAM v. NATIONAL AUSTRALIA BANK [2006] NSWSC 1409

HEARING DATE(S) : 19 July 2006

JUDGMENT DATE : 20 December 2006

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : (a) The plaintiff is to lodge with my associate and to serve a copy upon the defendant's solicitors on or before 4.00 pm, Monday 29 January 2007 a document which identifies:- (i) The person or persons acting on behalf of the defendant who it is alleged acted without reasonable and probable cause in the first defendant's institution or continuation of the contempt proceedings. (ii) The basis or grounds upon which it is alleged that such officers acted without reasonable or probable cause in the first defendant's institution or continuation of the proceedings. (iii) The identity of the employee(s) or officer(s) of the first defendant who is said to have been actuated by an improper purpose. (iv) The basis or grounds upon which it is alleged that any employee or officer of the first defendant was actuated by improper purpose or acted with malice. (b) The plaintiff is to lodge, by 4.00 pm, Monday 29 January 2007, a list of documents relied upon as evidence in relation to any issue referred to in (ii) and (iv). (c) The plaintiff is to provide, by 4.00 pm, Monday 29 January 2007, to the defendant's solicitors a bundle a documents which he proposes to rely upon in relation to the issues referred to in (ii) and (iv). (d) The plaintiff is to file and serve, by 4.00 pm, Monday 29 January 2007, all or any affidavits containing evidence which he would seek to rely upon in the proceedings. (e) I order that the plaintiff's proceedings stand dismissed if the plaintiff fails to comply with the orders (a) to (d) above. (f) I grant leave to the parties for the proceedings to be re-listed on seven day's notice. (g) I grant leave to the defendant to make application in respect of the costs previously reserved in respect of the adjournment of the proceedings on 27 February 2006, the costs of the plaintiff's notice of motion filed on 7 March 2006, the costs of the proceedings of 3, 7 and 13 March 2006 and the costs of the defendant's notice of motion for dismissal of the proceedings dated 30 June 2006.