Charlton v National Australia Bank Ltd [2020] NSWCA 237

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Charlton v National Australia Bank Ltd [2020] NSWCA 237 Hearing dates: 28 September 2020 Date of orders: 28 September 2020 Decision date: 28 September 2020 Before: Meagher JA Decision: 1. Dismiss the first appellant's application to vacate the hearing dates set for 26 and 27 November 2020.

2. Order the first appellant pay the costs of that application.

3. Amend para 9 of the directions and orders made on 17 August 2020 to provide that the respondent serve the electronic copy and agreed hard copy appeal book by 6 November 2020. Catchwords: CIVIL PROCEDURE — Court of Appeal — procedure — application to vacate hearing date — no question of principle Legislation Cited: Farm Debt Mediation Act 1994 (NSW) Supreme Court Act 1970 (NSW), s 46(2) Uniform Civil Procedure Rules 2005 (NSW) rr 49.19; 51.59 Cases Cited: National Australia Bank Ltd v Charlton [2018] NSWSC 157 Tomko v Palasty (No 2) (2007) 71 NSWLR 61 Category: Consequential orders (other than Costs) Parties: Josephine Charlton (first appellant) Kevin O'Brien (second appellant) National Australia Bank Ltd (respondent) Representation: Counsel: First appellant (self-represented) Mr R Lewin (solicitor) (respondent)

Solicitors: First appellant (self-represented) Dentons (respondent) File Number(s): 2020/00132518 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Civil Citation: [2019] NSWSC 1477 [2020] NSWSC 283 Date of Decision: 29 October 2019 Before: Walton J File Number(s): 2015/27843 2016/122304