Johnston v Australia and New Zealand Banking Group Limited & 2 ors [2007] NSWSC 584

New South Wales Supreme Court

CITATION : Johnston v Australia and New Zealand Banking Group Limited & 2 ors [2007] NSWSC 584 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 18/5/07

JUDGMENT DATE : 8 June 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Within 14 days of today's date the plaintiff is to provide the second defendant with a substantive reply to the request made by Ebsworth & Ebsworth in their letter dated 11 December 2006 for particulars of subparagraphs 44(j) and (k) of the TFASOC; 2. Dismiss the balance of the motion filed on behalf of the second and third defendants; 3. Within 14 days of today's date the plaintiff is to supply the first defendant with a schedule incorporating all of the particulars upon which it is proposed to rely in support of the allegations of agency pleaded in paragraph 14 of the TFASOC; 4. Dismiss the motion filed on behalf off the first defendant.

Blackburn Low & Co v Vigors (1987) 12 App Cas 531 CASES CITED : Igloo Homes Pty Ltd v Sammut Constructions Pty Ltd [2005] NSWCA 280; [2006] ANZ Conv R 142 Johnston v Australia & New Zealand Banking Group Ltd [2006] NSWCA 218

Daryl Lindsay Johnston (Plaintiff) PARTIES : Australia and New Zealand Banking Group Limited (1st Defendant) John Edward Star (2nd Defendant) Stuart Karim Ariff (3rd Defendant)

FILE NUMBER(S) : SC 20553/00

W. Washinton (Plaintiff) COUNSEL : G. Lucarelli (1st Defendant) A. Leopold (2nd and 3rd Defendants)

JP Leong & Co (Plaintiff) SOLICITORS : Minter Ellison (1st Defendant) Ebsworth & Ebsworth (2nd and 3rd Defendants)