DRUMMOND v NATIONAL AUSTRALIA BANK LIMITED [1995] NSWCA 133

DRUMMOND v NATIONAL AUSTRALIA BANK LIMITED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

SHELLER JA 4 September 1995

[1995] NSWCA 133

Sheller JA. This is an application by the appellant, Margaret Elizabeth Drummond, that the hearing of her appeal against the National Australia Bank Limited be expedited and that there be a stay of the enforcement of the orders of Justice Giles made on 28 July 1995.

The application for the stay is supported by an affidavit by David Paul Courtenay of 24 August and an affidavit of Margaret Elizabeth Drummond of 29 August 1995. The property the subject of the order for possession made by Justice Giles is the appellant's sole place of residence. The appellant is divorced and has the custody of four children aged between six and sixteen years.

Mrs Drummond sets out in her affidavit the disruption that would be caused to the family if the family home were sold.

Ihave not read the judgment of Justice Giles, however, Mr Muir, who appears for the bank, frankly concedes that this is not in any sense a frivolous appeal. Indeed the parties think that it is an appeal that may take two days to hear. I am told that Justice Giles" judgment was seventy-one pages in length.

In all the circumstances and although the amount claimed against Mrs Drummond exceeds $700,000 and the house is currently valued at between $600,000 and $800,000, I think the case is one in which a stay should be made and I propose to so order.

The question of whether the appeal should be expedited is a matter which will be dealt with in chambers on an application by the parties by the judge who is currently dealing with expedition matters. I understand that both parties agree that the appeal should be expedited.

The order I make is that the orders made by Justice Giles on 28 July 1995 be stayed until the determination of the appeal by this Court or further order.