Zippoz Pty Ltd v National Australia Bank Ltd [2013] NSWCA 113

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zippoz Pty Ltd v National Australia Bank Ltd [2013] NSWCA 113 Hearing dates: 18 April 2013 Decision date: 18 April 2013 Before: Beazley P at [1]; Basten JA at [2] Decision: (1) Pursuant to UCPR r 2.1, grant Ms Rosa Caporale leave to be heard on behalf of the applicant. (2) Application filed in the form of a summons seeking leave to appeal out of time filed on 13 February 2013 is dismissed. (3) Applicant Zippoz Pty Ltd to pay the costs of the respondent, National Australia Bank Limited of this application. (4) Vacate order (1) made by Young AJA on 29 November 2012. (5) Direct the Sheriff not execute the writ of possession over 701 Port Hacking Road, Lilli Pilli, New South Wales, before 9 May 2013. [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 - civil - extension of time to appeal - whether any justification for delay - proceedings below complex - applicant's representative not legally trained - no evidence that applicant unable to obtain legal assistance - where applicant repeatedly brought unsuccessful stay proceedings in the Common Law Division - where applicant repeatedly made aware of steps required to challenge judgment below