PARTON AND ORS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD [1992] NSWCA 182

PARTON AND ORS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY JA 21 September 1992

[1992] NSWCA 182

Handley JA In the matter of Parton v Australian and New Zealand Banking Group Ltd Mr Einstein, with Miss Clark, has applied on notice of motion for some unusual orders.

The appeal is an appeal by Neville William Parton, Carol Joan Parton and Parton Enterprises Pty Ltd from orders made by Giles J in the Commercial Division in December 1991.

The proceedings before Giles J arose out of foreign loan transactions between the bank and the appellants. It appears that the bank is holding security against the obligations of the appellants over a total of six properties, two of which are said to be jointly owned by Mr and Mrs Parton and the other four are owned either by the company or by Mr Parton alone.

Earlier this year an application was made to a single judge of this Court for a stay of execution or some other form of interim relief pending the hearing of the appeal in order to prevent the bank from enforcing its securities over the six properties.

The motion came before the President, who ordered that the appeal be expedited and in this way was able to solve the difficult question then before the court of whether or not the bank should be prevented from enforcing its securities pending the hearing of the appeal.

It appears that some accommodation was then reached under which, as a result of the appeal being expedited, orders or undertakings were made which had the effect of preserving the status quo in the meantime.

At that stage apparently there was also some discussion about the possibility of further evidence in the nature of fresh evidence being filed in the appeal. I am informed from the Bar table that the President then gave directions relating to the filing of such further evidence, but it now appears that the time for doing so has lapsed without the further evidence having been put on in accordance with the directions.