Westpac Banking Corporation v Murphy [2006] NSWCA 117

New South Wales Court of Appeal

CITATION: Westpac Banking Corporation v Murphy [2006] NSWCA 117 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): Notice of Motion 16 December 2005

JUDGMENT DATE: 15 May 2006

JUDGMENT OF: Santow JA at 1; Ipp JA at 2; Mathews AJA at 3

DECISION: Orders varying those made on 18 August 2005 are as follows: ; 1. Leave to appeal granted to the Claimant; 2. The Claimant's appeal allowed.; 3. The judgment of Judge Sorby dated 9 December 2004 in District Court Proceedings No.4085 of 2004 be set aside and in lieu summary judgment be entered in favour of the Claimant in the amount of $68,230.71 plus interest in the amount of $5,467.80 pursuant to section 100 of the Civil Procedure Act 2005.; 4. The Opponent to pay the Claimant's costs of the application and appeal.; 5. The Cross-Claimant's application for leave to appeal be denied.; 6. The Cross-Claimant's cross-application be dismissed.; 7. Each party to pay its own costs in the cross-application.; 8. The Opponent/Cross-Claimant, if qualified, be granted a certificate under the Suitors Fund Act 1951 (NSW).; 9. These orders be entered forthwith.

CATCHWORDS: VARIATION OF ORDERS made in judgment [2005] NSWCA 277 dated 18 August 2005.

PARTIES: WESTPAC BANKING CORPORATION ABN 33 007 457 141 (Claimant/Cross-Opponent) Ian Cockbill MURPHY (Opponent/Cross-Claimant)

FILE NUMBER(S): CA 40009/05

COUNSEL: In Chambers

SOLICITORS: Minter Ellison (Claimant/Cross-Opponent) Ian C Murphy (Opponent/Cross-Claimant)

LOWER COURT MEDIUM NEUTRAL CITATION: [2005] NSWCA 277

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40009/05