Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 20

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Ltd [2014] NSWCA 20 Hearing dates: 10 February 2014 Decision date: 10 February 2014 Before: Basten JA Decision: 1. Reject the application for a stay of execution of the order for writ of possession. 2. Applicant to pay the costs of the respondent to 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: PRACTICE AND PROCEDURE - interlocutory application - application for a stay of execution of writ of possession pending appeal - prejudice to applicant if writ executed and appeal succeeds - prospects of success on appeal - prejudice to respondent if appeal fails - co-owner and co-debtor not party to application Category: Interlocutory applications Parties: Fiona Marie-Therese Donnelly (Applicant) Australia and New Zealand Banking Group Ltd (First Respondent) ANZ Asia Limited (Second Respondent) Representation: Counsel:

Mr K Ryan (Applicant) Ms A Vetrova (Respondents) Solicitors:

Applicant self-represented Gadens Lawyers (Respondents) File Number(s): CA 2013/372887 Decision under appeal Jurisdiction: 9111 Citation: [2013] NSWSC 1760 Date of Decision: 2013-11-29 00:00:00 Before: Stevenson J File Number(s): SC 2011/305340