National Australia Bank Ltd v Battersby [2016] NSWSC 289

Due to the Defendants' repeated failure to comply with prior directions for service of evidence and lack of explanation, guillotine orders are imposed—evidence served after the deadline will not be allowed except with leave of the Court.

Parties: Plaintiff: National Australia Bank Ltd; First Defendant: Stephen Henry Battersby; Second Defendant: Diana Marie Battersby
Jurisdiction: Australia
Judgment Date: 18 March 2016
Procedural Posture: Principal Judgment / Case Management; Interlocutory Orders
Outcome: Interlocutory orders for case management; guillotine order imposed
Legal Topics: Failure to Comply With Directions, Guillotine Order for Evidence, Case Management

Civil Procedure Failure to Comply With Directions Guillotine Order for Evidence Case Management

Case Brief

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Parties

National Australia Bank Ltd

Plaintiff

Stephen Henry Battersby

First Defendant

Diana Marie Battersby

Second Defendant

Procedural Posture

Principal Judgment / Case Management; Interlocutory Orders

Legal Issues

1 Whether the Defendants should be permitted to rely on evidence served late
2 Whether a guillotine order should be imposed for repeated failure to comply

Ratio Decidendi

Court Disposition

Interlocutory orders for case management; guillotine order imposed

Orders

The Defendants are to serve their evidence by 29 March 2016.
Except with the leave of the Court, no evidence is to be relied upon by the Defendants at the hearing on 26 May if that evidence is served after 29 March.