Ward v Westpac Banking Corporation Limited [2024] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ward v Westpac Banking Corporation Limited [2024] NSWCA 267 Hearing dates: 5 November 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Before: Mitchelmore JA; McHugh JA Decision: (1) The summons is dismissed. (2) The applicants are to pay the costs of the first and second respondents. (3) The stay granted by Kunc J on 20 June 2024 of orders 7 and 9 made on that date is discharged. Catchwords: APPEALS — leave to appeal — where defence struck out for abuse of process without leave to replead — whether injustice in preventing applicants from raising defence — where applicant focus on merits — failure to challenge correctness of finding of abuse of process — failure to establish arguable error in exercise of discretion to refuse leave to replead Legislation Cited: Civil Procedure Act 2005 (NSW), ss 22, 56, 64 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), r 51.10 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 414 ALR 635 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jaycar Pty Ltd Limited v Lombardo [2011] NSWCA 284 Mohareb v Local Court of New South Wales [2024] NSWCA 235 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Ward v Westpac Banking Corporation Limited [2023] NSWSCA 11 Category: Principal judgment Parties: Roger Thomas Ward (First Applicant) Peter Shah Mahommed (Second Applicant) Westpac Banking Corporation Limited (First Respondent) Karen Cox as Administrator of the Deceased Estate of David William Dixon (Second Respondent) Representation: Counsel: S Docker SC / E Keynes (First Respondent) D Allen (Second Respondent)