Woodman v Australian and New Zealand Banking Group Ltd [2021] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woodman v Australian and New Zealand Banking Group Ltd [2021] NSWCA 230 Hearing dates: 20 August 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Before: Macfarlan JA, Emmett AJA Decision: The Court orders that: (1) Leave to appeal be granted to the Applicant, limited to the issue identified at [47] of these reasons. (2) Direct the Applicant to file and serve a Notice of Appeal reflecting the grant of leave within 14 days of today's date. (3) Direct the Registrar to enquire whether pro bono legal representation is available to assist the Applicant on her appeal. (4) Costs of the application for leave to appeal are the parties' costs of the appeal. Catchwords: APPEALS — leave to appeal — summary judgment where amendment to defence refused — opportunity to advance further evidence in support of amended defence — limited grant of appeal Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 51.10, 51.12 Cases Cited: Cheltenham & Gloucester plc v Appleyard [2004] EWCA Civ 291 Chetwynd v Allen [1899] 1 Ch 353 Banque Financière de la Cité v Parc (Battersea) Ltd [1999] 1 AC 221 at 232. Cochrane v Cochrane (1985) 3 NSWLR 403 Ghana Commercial Bank v Chandiram [1960] AC 732 Highland v Exception Holdings Pty Ltd (in liq) (2006) 60 ACSR 223; [2006] NSWCA 318 Texts Cited: Nil Category: Procedural rulings Parties: Tania Marie Woodman (Applicant) Australia and New Zealand Banking Group Limited (Respondent) Representation: Counsel: Applicant in person (Applicant) J Foley (Respondent)