Merton v Bank of Queensland Ltd [2013] NSWCA 228

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Merton v Bank of Queensland Ltd [2013] NSWCA 228 Hearing dates: 15 July 2013 Decision date: 15 July 2013 Before: Gleeson JA Decision: (1) The notice of motion filed by Mr Merton and Ms Butler on 9 July 2013 be dismissed. (2) The applicants to pay the respondent's costs of the motion. [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 - application for stay pending application for special leave - whether exceptional circumstances shown

PROCEDURE - civil - judgments and orders - where applicant sought order restraining the sale of security properties Legislation Cited: Judiciary Act 1903 Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) [1986] HCA 84; 161 CLR 681 Rinehart v Welker [2012] NSWCA 1; 285 ALR 191 Category: Interlocutory applications Parties: Matthew Merton (First Applicant) Karen Butler (Second Applicant) Bank of Queensland Ltd (Respondent) Representation: Counsel: First applicant in person Mr R Schneider (Sol) (Respondent) Solicitors: First applicant in person HWL Ebsworth Lawyers (Respondent) File Number(s): 2012/284440 Decision under appeal Jurisdiction: 9111 Citation: Bank of Queensland Ltd v Heritage Village Estate Pty Ltd [2012] NSWSC 925 Date of Decision: 2012-08-08 00:00:00 Before: Stevenson J File Number(s): 2009/295047