McCarthy v National Australia Bank Ltd [2015] NSWCA 32

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McCarthy v National Australia Bank Ltd [2015] NSWCA 32 Hearing dates: 24 February 2015 Decision date: 24 February 2015 Before: Basten JA Decision: 1.Adjourn the present motion until 9am, Monday 16 March 2015.

2.Grant an interim stay until that time of the default judgment and orders obtained by the Bank on 28 February 2014.

3.Grant leave to the applicant, Warren McCarthy, to issue and serve no later than 5pm on Monday, 2 March 2015 a subpoena to produce documents in the form provided to the Court at the hearing in the Equity Division on 26 November 2014 to be returnable on 16 March 2015 with leave to the Bank to take such objection as it thinks fit to the subpoena or any part thereof, which objection will be considered by the Court on 16 March 2015.

4.The costs of today will be costs in the motion. Catchwords: PRACTICE AND PROCEDURE – application for stay of writ of possession – applicant seeking leave to appeal from refusal of judge to set aside default judgment – whether evidence supportive of proposed grounds of defence – leave to serve subpoena on respondent Bank – interim stay granted to allow application to be presented in a timely manner Category: Procedural and other rulings Parties: Warren Brian McCarthy (Applicant) National Australia Bank Ltd (Respondent) Representation: Counsel: Applicant Self-represented Mr DC Price (Respondent)

Solicitors: Applicant Self-represented DibbsBarker File Number(s): CA 2015/13848 Decision under appeal Court or tribunal: Supreme Court Citation: National Australia Bank v McCarthy [2014] NSWSC 1819 Date of Decision: 19 December 2015 Before: Hall J File Number(s): 2014/5111