Mio Amico Pty Ltd v Australian and New Zealand Banking Group [2013] NSWCA 353

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mio Amico Pty Ltd v Australian and New Zealand Banking Group [2013] NSWCA 353 Hearing dates: 21 October 2013 Decision date: 25 October 2013 Before: Gleeson JA Decision: 1. The applicants' notice of motion filed 9 September 2013 be dismissed. 2. The applicants 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 - judgments and orders - stay of execution - where primary judge gave reasons for refusing adjournment after hearing the substantive matter - where no House v The King (1936) 55 CLR 499 error alleged - whether apprehended bias revealed by those reasons - whether applicant denied procedural fairness Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Adeels Palace Pty Ltd v Moubarak [2009] NSWCA 29 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Dwyer v Craft Printing Pty Ltd [2009] NSWCA 254 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 House v The King (1936) 55 CLR 499 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd [2002] NSWCA 383; 55 NSWLR 737 Michael Wilson & Partners Limited v Nicholls & Others [2011] HCA 48; 244 CLR 427 Vaughan v Dawson [2008] NSWCA 169 Category: Interlocutory applications Parties: Mio Amico Pty Ltd (First applicant) Ollie Italiano Olivieri (Second applicant) Australian and New Zealand Banking Group (Respondent) Representation: Counsel: M Sahade (Applicants) D L Cook (Respondent) Solicitors: Oliveri Lawyers (Applicants) Norton Rose Fulbright Australia (Respondent) File Number(s): CA 2013/206925