Dye v Commonwealth Bank of Australia (No 2) [2012] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dye v Commonwealth Bank of Australia (No 2) [2012] NSWCA 247 Hearing dates: 2 July 2012 Decision date: 10 August 2012 Before: Campbell JA Sackville AJA Preston CJ of LEC Decision: (1) The appeal initiated by Notice of Appeal filed 18 November 2010 is dismissed. (2) Appellant to pay costs of the Respondent of that 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: APPEAL - procedure - appeal mistakenly brought as of right by Notice of Appeal when in fact leave was required - strike out motion - appeal dismissed Cases Cited: Dye v Commonwealth Bank of Australia [2012] NSWCA 220 Category: Consequential orders Parties: Vivienne Louise Dye (Applicant) Commonwealth Bank of Australia (First Respondent) Barbara Chapman (Second Respondent) Representation: Counsel: Self-Represented (Applicant) P W J Gray SC; M Richardson (Respondents) Solicitors: Self-Represented (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