Priestley v National Australia Bank [2013] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Priestley v National Australia Bank [2013] NSWCA 108 Hearing dates: 7 May 2013 Decision date: 07 May 2013 Before: Basten JA Macfarlan JA Decision: 1. Application for leave to appeal against the judgment of Garling J delivered on 10 December 2012 is refused. 2. The applicants to pay the respondent's costs of the proceedings in this Court. [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 leave to appeal - primary judge refused stay order - action sought to be stayed occurred before filing of application for leave - application futile Legislation Cited: Farm Debt Mediation Act 1994 Cases Cited: Caldar v Public Trustee of New South Wales [2005] NSWCA 166 Category: Procedural and other rulings Parties: Christopher William Priestley (First Applicant) Claire Milla Beverley Priestley (Second Applicant) National Australia Bank (Respondent) Representation: Counsel: Self-represented Applicants D R Sulan (Respondent) Solicitors: Self-represented Applicants DibbsBarker (Respondent) File Number(s): 2013/74328 Decision under appeal Jurisdiction: 9111 Citation: National Australia Bank Ltd v Priestley [2012] NSWSC 1611 Date of Decision: 2012-12-10 00:00:00 Before: Garling J File Number(s): 2011/292621