Buccolliero v Commonwealth Bank of Australia [2011] NSWCA 209

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Buccolliero v Commonwealth Bank of Australia [2011] NSWCA 209 Hearing dates: 18 July 2011 Decision date: 18 July 2011 Before: McColl JA Decision: (1) Expedite the hearing of the appeal. (2) Set the matter down for hearing on 5 October 2011 as a one day matter. (3) Order that the execution of the Notice to Vacate pursuant to the Court's judgment of 25 February 2011 be stayed until 29 August 2011. (4) Costs of the application to be costs in the appeal. [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 - application for stay pending appeal - mortgage default - applicant unable to pay money owing into court - whether stay should be granted on grounds of hardship alone Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Cases Cited: Inglis v Commonwealth Trading Bank of Australia [1912] HCA 74; (1972) 126 CLR 162 Category: Procedural and other rulings Parties: Loretta Laura Buccoliero (by her tutor Sylvia Commins) - applicant Commonwealth Bank of Australia - respondent Representation: S Chapple - applicant S Aspinall - respondent Clamenz Corporate Lawyers - applicant Henry Davis York - respondent File Number(s): CA 2011/85107 Decision under appeal Citation: Commonwealth Bank of Australia v Munro and Anor [2011] NSWSC 128 Date of Decision: 2011-02-22 00:00:00 Before: RA Hulme J File Number(s): SC 2009/293782