Punjab & Sind Bank v Commonwealth Bank of Australia Commonwealth Bank of Australia v Punjab & Sind Bank [1997] FCA 1106

Punjab & Sind Bank v Commonwealth Bank of Australia Commonwealth Bank of Australia v Punjab & Sind Bank [1997] FCA 1106

The applicant's affidavit did not provide a satisfactory explanation for the long failure to answer interrogatories, and its unexplained conduct could suggest inability or unwillingness to cooperate with the Court. However, the applicant was given a further opportunity to file evidence explaining the delay because the matter had principally been brought to a head by the Court's intervention, the respondent had not strictly complied with earlier directions, and both parties had previously breached directions. The appropriate course was to make a guillotine order requiring verified answers by 14 November 1997, failing which the proceedings would stand dismissed, and to order costs against...

Jurisdiction
Australia
Judgment Date
10 October 1997
Procedural Posture
Proceedings Seeking Damages for Alleged Failure to Comply With Instructions in Connection With Collection of Bills of Exchange / Notice of Motion Seeking Dismissal Under Order 30, Rule 5 or Order 10, Rule 7 of the Federal Court Rules, or Alternatively a Guillotine Order for Answers to Interrogatories
Outcome
Further hearing of the motion adjourned; guillotine order made requiring verified answers to interrogatories by 14 November 1997, failing which the proceedings stand dismissed; costs ordered against the applicant.
Legal Topics
['interrogatories' 'dismissal for Non Compliance' 'delay in Proceedings' 'indemnity Costs' 'bills of Exchange']
['civil Procedure' 'banking and Finance'] ['interrogatories' 'dismissal for Non Compliance' 'delay in Proceedings' 'indemnity Costs' 'bills of Exchange']

Case Brief

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Procedural Posture

Proceedings Seeking Damages for Alleged Failure to Comply With Instructions in Connection With Collection of Bills of Exchange / Notice of Motion Seeking Dismissal Under Order 30, Rule 5 or Order 10, Rule 7 of the Federal Court Rules, or Alternatively a Guillotine Order for Answers to Interrogatories

Legal Issues

  1. 1 ["Whether the proceedings should be dismissed because the applicant had not answered the respondent's notice to answer interrogatories dated 4 July 1994." 'Whether the applicant should be given an opportunity to file further evidence explaining the delay in answering interrogatories.' 'Whether a guillotine order should be made requiring verified answers to interrogatories by a fixed date, failing which the proceedings would stand dismissed.' "Whether the applicant should pay the respondent's costs, including costs of the day on an indemnity basis."]

Ratio Decidendi

The applicant's affidavit did not provide a satisfactory explanation for the long failure to answer interrogatories, and its unexplained conduct could suggest inability or unwillingness to cooperate with the Court. However, the applicant was given a further opportunity to file evidence explaining the delay because the matter had principally been brought to a head by the Court's intervention, the respondent had not strictly complied with earlier directions, and both parties had previously breached directions. The appropriate course was to make a guillotine order requiring verified answers by 14 November 1997, failing which the proceedings would stand dismissed, and to order costs against...

Court Disposition

Further hearing of the motion adjourned; guillotine order made requiring verified answers to interrogatories by 14 November 1997, failing which the proceedings stand dismissed; costs ordered against the applicant.

Orders

  • ["The applicant in the proceedings is to file and serve verified answers to the respondent's notice to answer interrogatories dated 4 July 1994 on or before 14 November 1997." 'If the applicant does not file and serve verified answers to that notice to answer interrogatories on or before 14 November 1997, these...