Neale v Commonwealth Bank of Australia [2014] NSWCA 443

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neale v Commonwealth Bank of Australia [2014] NSWCA 443 Hearing dates: 8 December 2014 Decision date: 08 December 2014 Before: Leeming JA Decision: 1. Grant leave to the appellants to file and serve on or before 4pm Friday 13th February 2015 (a) any proposed amended Notice of Appeal and (b) written submissions in support of their appeal. 2. In the event of non-compliance with the filing of submissions in accordance with order 1 these proceedings will be dismissed with the appellants to pay the respondents' costs. 3. Order that the respondents are to file and serve their written submissions 4 weeks after the appellants file their submissions. 4. Grant liberty to apply to both parties to my Associate on 48 hours' notice. 5. Otherwise dismiss the respondents' Notice of Motion dated 1 December 2014, with the appellants to pay the respondents' 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: PRACTICE - application of dismissal for want of competency - delayed service of notice of appeal - application not made promptly - application for dismissal for want of prosecution - evidence of ability to fund appeal - extension granted, subject to guillotine order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 51.41(1) Cases Cited: Hobbs v Australian Securities Investments Commission [2013] NSWCA 205 Hobbs v Australian Securities and Investments Commission [2013] NSWCA 432 Category: Interlocutory applications Parties: Commonwealth Bank of Australia Ltd (1st Applicant on Motion) Brett Stephen Lord (2nd Applicant on Motion) Stephen James Parbery (3rd Applicant on Motion) Secured Global Opportunity Ltd (4th Applicant on Motion) James Woodward Neale (1st Respondent on Motion) JW Neale Pty Ltd (Receivers and Manager Appointed) ACN 001 839 854 (2nd Respondent on Motion) Representation: Counsel: P Dowdy (Applicants) In person (1st Respondent) Solicitors: Norton Rose Fulbright Australia (Applicants) File Number(s): 2014/133038 Decision under appeal Citation: James Woodward Neale v Bank of Western Australia Ltd; Bank of Western Australia Ltd v James Woodward Neale [2014] NSWSC 750 Date of Decision: 2014-03-27 00:00:00 Before: Hammerschlag J File Number(s): 2011/211735; 2011/401621C