Donnelly v Australia and New Zealand Banking Group Ltd (No 2) [2015] NSWCA 41

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Group Ltd (No 2) [2015] NSWCA 41 Hearing dates: 02 March 2015 Date of orders: 02 March 2015 Decision date: 02 March 2015 Before: McColl JA at [1]; [8] and [11] Macfarlan JA at [2] Leeming JA at [9] Decision: Ms Donnelly's Notice of Motion is dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – judgments and orders – where UCPR rr 36.15, 36.16, 36.17 are inapplicable and the Court's orders have not been procured by fraud, the Court has no jurisdiction to set aside those orders after their entry – Bailey v Marinoff 125 CLR 529 followed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.17 Cases Cited: Achurch v The Queen [2014] HCA 10; 88 ALJR 490 Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300 Bailey v Marinoff [1971] HCA 49; 125 CLR 529 Goater v Commonwealth Bank of Australia [2014] NSWCA 382 Category: Procedural and other rulings Parties: Fiona Marie-Therese Donnelly (Appellant) Australia and New Zealand Banking Group Ltd (Respondent) Representation: Counsel: K Ryan (Appellant) J Foley (Respondent)

Solicitors: Appellant (self-represented) Gadens Lawyers (Respondent) File Number(s): CA 2013/372887 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: New South Wales Citation: Australia and New Zealand Banking Group Ltd v Donnelly [2013] NSWSC 1760 Date of Decision: 29 November 2013 Before: Stevenson J File Number(s): SC 2011/305340