ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (No 2) [2014] NSWCA 431

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia (No 2) [2014] NSWCA 431 Hearing dates: On the papers Decision date: 12 December 2014 Before: Beazley P; Macfarlan JA; Leeming JA Decision: No further orders made. [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 - fresh evidence included in appeal books and relied on by appellant - Court's attention not drawn to fact that materials not before primary judge - no impact on ultimate outcome - obligations of litigants and their advisers to the Court - whether further steps should be taken to investigate the matter Cases Cited: ACES Sogutlu Holdings Pty Ltd (in liq) v Commonwealth Bank of Australia [2014] NSWCA 402 Westpac Banking Corporation v Konneh [2013] NSWSC 1176 Category: Consequential orders Parties: ACES Sogutlu Holdings Pty Ltd (First Appellant) Ceyser Pty Ltd (Second Appellant) Ercan Sogutlu (Third Appellant) Jamal Charara (Fourth Appellant) Commonwealth Bank of Australia (Respondent) Representation: Counsel: J Charara (in person for the Appellants) D F Villa (Respondent) Solicitors: J Charara (in person for the Appellants) Gadens Lawyers (Respondent) File Number(s): 2013/291031 Decision under appeal Citation: [2013] NSWSC 1184 Date of Decision: 2013-08-30 00:00:00 Before: Young AJ File Number(s): 2012/208480