Dye v Commonwealth Bank of Australia & Anor [2012] NSWCA 220

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dye v Commonwealth Bank of Australia & Anor [2012] NSWCA 220 Hearing dates: 2 July 2012 Decision date: 26 July 2012 Before: Campbell JA at 1; Sackville AJA at 8; Preston CJ of LEC at 67. Decision: 1. Extend the time for the applicant to seek leave to appeal to 25 January 2011. 2. The application for leave to appeal against the orders made on 21 October 2010 that the applicant pay: (a) the Bank's costs of the defamation proceedings which have been wasted in the sum of $250,000; and (b) the Bank's costs of the stay application in the sum of $15,000, be dismissed. 3. The applicant pay the Bank's costs of the application for leave to 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: PRACTICE AND PROCEDURE - whether Court has jurisdiction to entertain an application for leave to appeal from a wasted costs order made on an application under the Jurisdiction of Courts (Cross-Vesting) Act 1987 - availability of judicial review of costs order under s 69 of the Supreme Court Act 1970. Legislation Cited: Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Sex Discrimination Act 1984 (Cth) Trade Practices Act 1974 (Cth) Civil Procedure Act 2005 Jurisdiction of Courts (Cross-Vesting) Act 1987 Supreme Court Act 1970 Cases Cited: Australian Competition and Consumer Commission v Maritime Union of Australia (2001) 114 FCR 472 Dye v Commonwealth Bank of Australia [2010] NSWSC 1236 Dye v Commonwealth Bank of Australia [2010] NSWSC 1237 Dye v Commonwealth Bank of Australia [2010] NSWSC 1238 Dye v Commonwealth Securities Ltd (No 2) [2010] FCAFC 118 Dye v Commonwealth Securities Ltd (No 2) [2012] FCA 407 Dye v Commonwealth Securities Ltd [2012] FCA 242 Federated Fire Engine-Drivers and Fireman's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398 Fencott v Muller [1983] HCA 12; 152 CLR 570 Hearne v Street [2008] HCA 36; 235 CLR 125 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Neumann Contractors Pty Ltd v Traspunt No 5 Pty Ltd [2010] QCA 119; [2011] 2 Qd R 114 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd [1982] HCA 7; 148 CLR 457 Re Wilcox; Ex parte Venture Industries Pty Ltd [1996] FCA 1497 Tangalooma Island Resort Pty Ltd v Miles (1989) 96 FLR 47 Thomas v State of New South Wales [2008] NSWCA 316; 74 NSWLR 34 Travelex Ltd v FCT [2010] HCA 33; 241 CLR 510 Wang and Liu v State of New South Wales [2011] NSWCA 321 Wentworth v Rogers (1986) 6 NSWLR 642 Category: Principal judgment Parties: Vivienne Louise Dye (Applicant) Commonwealth Bank of Australia (First Respondent) Barbara Chapman (Second Respondent) Representation: Counsel: In Person (Applicant) P W J Gray SC; M Richardson (Respondents) Solicitors: Unrepresented (Applicant) Clayton Utz (Respondents) File Number(s): 2009/297559 Decision under appeal Citation: Dye v Commonwealth Bank of Australia [2010] NSWSC 1238 Date of Decision: 2010-10-21 00:00:00 Before: McClellan CJ at CL File Number(s): 2009/297559