Carnemolla v Adelaide Bank Limited [2012] NSWCA 278

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carnemolla v Adelaide Bank Limited [2012] NSWCA 278 Hearing dates: 29 August 2012 Decision date: 29 August 2012 Before: Allsop P at [1] Decision: 1.Order the Adelaide Bank Ltd on or before 12 September 2012 to produce to the Registrar of the Court of Appeal two copies of a folder with copies of documents answering the description of the documents required in the schedule attached to the notice of the motion of the Carnemollas filed on 15 May 2012. The folder is to be accompanied by an affidavit by a solicitor certifying that the copies are of originals or if the originals are unavailable the copy in the bank's possession, identifying any documents not held and identifying which documents were produced at any earlier hearing and identifying that hearing. 2.Order the Bank on or before 12 September 2012 to serve one copy of the folder upon the Carnemollas. 3.Order the Carnemollas on or before 3 October 2012 to file and serve any further affidavit, submissions or document identifying or substantiating their appeal or the grounds thereof. 4.Direct the Registrar of the Court of Appeal after 3 October 2012 to approach the Bar Association to seek the assistance of counsel to act as an amicus curiae at the hearing referred to in the next order. 5.Direct the Registrar of the Court of Appeal to list the matter if possible in the November list but otherwise at the earliest opportunity at a date suitable to Mr Sirtes and to counsel acting as amicus curiae. 6.Reserve the question of costs. 7.Stand over the notice of motion of Adelaide Bank Ltd dated and filed 10 April 2012 to the hearing. 8.Leave to the Registrar the question of any further directions for the preparation of the appeal. He is, however, directed to take an approach which will limit the production of any further documents to a minimum. That direction is not to bind his appropriate discretion. It is a reflection of the Court's anxiety not to have any more documents prepared than are absolutely necessary. 9.Stand the matter over to 5 November 2012 at 9.30 am for directions. The Court authorises the Registrar to vacate the date when he makes final directions for the hearing of 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.] Category: Principal judgment Parties: Sebastian Carnemolla (First Applicant) Lucia Carnemolla (Second Applicant) Adelaide Bank Limited (First Respondent) Bendigo Bank (a Division of Adelaide Bank Ltd) (Second Respondent) Representation: Counsel: In person (Applicants) Mr G Sirtes SC (Respondents) Solicitors: In person (Applicants) MacGillivrays Solicitors (Respondents) File Number(s): 2012/22709, 2012/81298 Decision under appeal Citation: [2011] NSWSC 1202 Date of Decision: 2011-10-14 00:00:00 Before: Hislop J File Number(s): 2007/263386