Hester v Commonwealth Bank of Australia [2023] NSWCA 147

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hester v Commonwealth Bank of Australia [2023] NSWCA 147 Hearing dates: 27 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Before: Mitchelmore JA; Stern JA Decision: (1) Leave to extend time to move on the Summons dated 13 February 2023 is refused with costs. Catchwords: APPEALS – Procedure – Time limits – Extension of time – where default judgment entered for respondent for possession of land owned by applicant – where delay of three years since filing notice of intention to appeal – whether explanation for delay satisfactory – whether fairly arguable case – where applicant took issue with documents relied on in Statement of Claim – where default judgment as no defence filed – where applicant did not identify error with decision to enter default judgment – leave to extend time to move on Summons refused Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Criminal Code Act 1995 (Cth) National Consumer Credit Protection Act 2009 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth Bank of Australia v Hester [2019] NSWSC 1842 Hester v Commonwealth Bank of Australia [2023] NSWCA 70 Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516 Nanschild v Pratt [2011] NSWCA 85 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Principal judgment Parties: John Hester (Applicant) Commonwealth Bank of Australia (Respondent) Representation: Counsel: Self-represented (Applicant) M Collins (Respondent)