Commonwealth Bank of Australia v Dennis [2021] FCA 217

Federal Court of Australia

Commonwealth Bank of Australia v Dennis [2021] FCA 217 Appeal from: Application for extension of time and leave to appeal: Dennis v Commonwealth Bank of Australia [2020] FCCA 1313

File number: QUD 177 of 2020

Judgment of: REEVES J

Date of judgment: 3 March 2021

Catchwords: CONSUMER CREDIT LAW – application for leave and for an extension of time to appeal a decision of the Federal Circuit Court of Australia – whether there was a satisfactory explanation for delay in filing application – whether there was sufficient doubt in the original decision to justify granting leave to appeal – both applications granted.

Legislation: National Consumer Credit Protection Act 2009 (Cth)

Cases cited: Dennis v Commonwealth Bank of Australia [2020] FCCA 1313

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 8

Date of hearing: 3 February 2021

Counsel for the Applicant: Mr MD Alexander

Solicitor for the Applicant: Gadens Lawyers

Solicitor for the Respondent: The Respondent appeared in person

ORDERS QUD 177 of 2020

BETWEEN: COMMONWEALTH BANK OF AUSTRALIA Applicant

AND: SUSAN KAY DENNIS Respondent

order made by: REEVES J DATE OF ORDER: 3 MARCH 2021

THE COURT ORDERS THAT:

1. The time fixed by r 35.13 of the Federal Court Rules 2011 (Cth) for the filing of the applicant's application for leave to appeal be extended to, and including, 11 June 2020. 2. The applicant has leave to appeal from that part of the judgment of Judge Jarrett given on 26 May 2020 that permitted the continuation of the respondent's claim under s 160D(1) of the National Consumer Credit Protection Act 2009 (Cth). 3. Costs are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.