Donnelly v Australia and New Zealand Banking Group Ltd (No 2) [2014] NSWCA 137

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Ltd (No 2) [2014] NSWCA 137 Hearing dates: 28 April 2014 Decision date: 28 April 2014 Before: Basten JA Decision: 1. The notice of motion filed by the appellant on 4 April 2014 seeking the sale of the property be stayed pending the delivery of judgment is dismissed. 2. The appellant 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 - appeal - interlocutory application - stay of sale of property sought pending reserved judgment - stay refused on prior occasions - no change in circumstances - no application made to court hearing appeal - application refused Cases Cited: Donnelly v Australia and New Zealand Banking Group Limited [2014] NSWCA 20 Inglis v Commonwealth Trading Bank of Australia [1972] HCA 74; 126 CLR 161 Webuildem Pty Ltd v Arab Bank Australia Ltd [2012] NSWCA 242 Category: Interlocutory applications Parties: Fiona Marie-Therese Donnelly (Applicant) Australia and New Zealand Banking Group Ltd (Respondent) Representation: Counsel: Mr K Ryan (Applicant Mr J Foley (Respondent) Solicitors: Applicant self-represented Gadens Lawyers (Respondent) 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