Battaglia v ING Bank (Australia) Limited [2014] NSWCA 387

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Battaglia v ING Bank (Australia) Limited [2014] NSWCA 387 Hearing dates: 10 November 2014 Decision date: 10 November 2014 Before: Barrett JA; Gleeson JA Decision: 1. The summons seeking leave to appeal is dismissed. 2. The applicants are to pay the respondent's costs of the proceedings in this Court. [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: APPEAL AND NEW TRIAL - application for leave to appeal - leave sought in respect of order setting cross-claims down for trial at same time as other aspects of the proceedings - whether manifest injustice - application dismissed Cases Cited: Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc [1981] HCA 39; 148 CLR 170 House v The King [1936] HCA 40; 55 CLR 499 In the Will of F B Gilbert (1946) 46 SR(NSW) 318 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Category: Interlocutory applications Parties: Stefano Bruno Battaglia (First Applicant) Florentina Battaglia (Second Applicant) ING Bank (Australia) Limited (First Respondent) Grant Dene Sparks, Michael Andrew Owen and Stephen Parbery (Second Respondents) Representation: Counsel: Mr N A Cotman/Mr D Parish (Applicants) Mr D A Savage QC/Mr A C Kaufmann (Respondents) Solicitors: Mills Oakley Lawyers (Applicants) Gadens (Respondents) File Number(s): CA 2014/328912 Decision under appeal Before: Bergin CJ in Eq File Number(s): 2013/231527