INGLIS AND ANOTHER V. COMMONWEALTH TRADING BANK OF AUSTRALIA

INGLIS AND ANOTHER V. COMMONWEALTH TRADING BANK OF AUSTRALIA

No order regarding the time for delivering the defence is needed while the Full Court appeal is pending, as the defendant cannot be required to deliver a defence to a potentially changing statement of claim.

Source-derived case information.

Parties
Plaintiff: Inglis & Another; Defendant: Commonwealth Trading Bank of Australia
Jurisdiction
Australia
Judgment Date
02 October 1970
Procedural Posture
Civil / Interlocutory Application Regarding Extension of Time for Defence
Outcome
Summons dismissed; no order as to costs.
Legal Topics
Extension of Time, Pleading Requirements, Stay of Proceedings
Civil Procedure Extension of Time Pleading Requirements Stay of Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Inglis & Another

Plaintiff

Commonwealth Trading Bank of Australia

Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Extension of Time for Defence

Legal Issues

  1. 1 Whether time for filing and serving the defendant's defence should be extended pending appeal
  2. 2 Whether an order is needed regarding the time for delivering defence while appeal is pending

Ratio Decidendi

No order regarding the time for delivering the defence is needed while the Full Court appeal is pending, as the defendant cannot be required to deliver a defence to a potentially changing statement of claim.

Court Disposition

Summons dismissed; no order as to costs.

Orders

  • The summons filed by the defendant on 4th September 1970 is dismissed with no order as to costs.