Brighton & Ors v Australia & New Zealand Banking Group Limited [2011] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brighton & Ors v Australia & New Zealand Banking Group Limited [2011] NSWCA 108 Hearing dates: 21 April 2011 Decision date: 21 April 2011 Before: Giles JA Decision: Application dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - expedited hearing of appeal - stay of execution of writ of possession pending appeal - defaults by appellants in directions for filing submissions and appeal books - case not made out for vacation of hearing date - observations on regarding hearing date and directions as optional - and on assuming vacation of hearing date could be had for the asking. Category: Interlocutory applications Parties: Lyn Dulcie Brighton - First Applicant Wayne Brighton - Second Applicant Dulcie Catherine Aldrick - Third Applicant Diane Patricia Bowen - Fourth Applicant Aldrick Family Company Pty Limited - Fifth Applicant Brighton Associates Pty Ltd - Sixth Applicant Australia & New Zealand Banking Group Limited - Respondent Representation: Counsel: P Menzies QC - Applicants P Kaunitz (Solr) - Respondent Solicitors: Jade Lawyers - Appellants Kemp Strang - Respondent File Number(s): 2008/283775 Decision under appeal Citation: Australia and New Zealand Banking Group Limited v Aldrick Family Company Pty Limited & Ors [2010] NSWSC 1000 Date of Decision: 2010-09-10 00:00:00 Before: Einstein J File Number(s): SC 2008/283775