Casmif Pty Ltd v Farrow Mortgage Services Pty Ltd & Ors [1993] QSC 363

,, ' I Sc_9.3/36a ·~ <=6!P ·· ~, ttr State RepOrting Bureaz ~-'\' .. !!Ell.~ TRANSCRIPT OF PROCEEDINGS (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau.) SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION KIEFEL J ijo 1136 of 1990 CASMIF PTY LTD and FARROW MORTGAGE SERVICESPTY LTD and ROBERT FRED BYRNES AND GREGORY MICHAEL MOLONEY BRISBANE .. DATE 03/09/93 ORDER - - / 1 REV!SED CO?iES ISSUED State Rcpor1ing Bureau DateofS/ (Of 13 Plaintiff First Defendant Second Defendant -· ~ ,/ -- 1 of 5 -- 030993 evs/adt (Kiefel J) HER HONOUR: You say that the pleadings in 168 of 1992 really need to be brought into line? MR JACKSON: HER HONOUR: that? Yes. Do I need to make any orders with respect to MR MORTON: I don't cavil that they need amendment and that they need to be changed. HER HONOUR: What needs to be done? I mean, complete pleading or amending each of the pleadings in the action? MR MORTON: Substantial surgery, yes. MR JACKSON: Really bring them into line in terms of the defence and counterclaim with Mcilveen, to raise some of the grounds which are raised in Casmif's statement of claim, and then for us to respond in the same way that we have responded in the defence and counterclaim in the Casmif action, in the Mcilveen action that is by way of reply and answer. HER HONOUR: Do I need to give directions as to the dates upon which each of those amended pleadings will be delivered, or can I leave that to the parties to organise prior to the next mention date? MR JACKSON: We would suggest that a date by which the pleadings could be delivered might be a good idea so that ORDER 2 • 10 20 30 40 50 60 -- 2 of 5 -- 030993 evs/adt (Kiefel J) everybody knows where they stand in terms of keeping it going between now and the mention date. HER HONOUR: Perhaps if we set the next mention date sometime in the week commencing 20 September; gentlemen. Are there any dates that are inconvenient in that week? MR MORTON: Only the Thursday, Your Honour. MR JACKSON: We are an open book. HER HONOUR: All right. Perhaps if we make it on the Wednesday of that week. That will give us a few days, in case there are any problems, to set it down for argument, since I am in Civil then. So, 22 September will be the next mention h date. MR JACKSON: Might we suggest then that the 10th be the date for the amended defence and counterclaim in the Mcilveen action, then the 17th for the amended reply and answer? HER HONOUR: Do you have any difficulty with that, Mr Morton? MR MORTON: No, Your Honour. HER HONOUR: There will be an order in those terms. MR JACKSON: Then we will deliver the additional witness statements that I have mentioned from the Bassetts. That ORDER 3 10 20 30 40 50 60 -- 3 of 5 -- 030993 evs/adt (Kiefel J) doesn't need to------ HER HONOUR: Be the subject of a direction, because it is already caught by the earlier orders. MR JACKSON: Yes, we think so. HER HONOUR: Perhaps if I make a general direction, as you say, so the parties know what their deadlines are, that any further statements, save for the first defendant's expert accountant's statement be delivered on or before 10 September next. MR MORTON: Would Your Honour be prepared to leave it outstanding till the 17th? HER HONOUR: The question of damages? I hadn't quite got to that. That was the direction I was going to make, that you deliver a schedule of the damages you claim under each head of damage. MR MORTON: So long as that is left outstanding until the 17th, I don't think I have----- HER HONOUR: I am not going to leave that outstanding until the 17th. It should have been done a long time ago. ORDER 4 10 20 30 40 50 60 -- 4 of 5 -- 030993 evs/adt (Kiefel J) HER HONOUR: The earlier direction I gave with respect to witness' statements in terms of the order ought to exclude generally not just the first defendant's expert but statements by witnesses with respect to the issue of damages. HER HONOUR: I direct that the· plaintiff deliver to the defendants a complete schedule of the damages it claims, the schedule of damages identifying each of the heads of damage relied upon and particularising the damages claimed under each head, and that it deliver to the defendants any additional statements of witnesses to be relied upon in proof of damage on or before 17 September next. HER HONOUR: The only other order that needs to be made is the costs of this mention; parties' costs in the cause. ORDER 5 10 20 30 40 50 60 -- 5 of 5 --