Neale v Commonwealth Bank of Australia Ltd [2015] NSWCA 136

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Neale v Commonwealth Bank of Australia Ltd [2015] NSWCA 136 Hearing dates: 11 May 2015 Decision date: 11 May 2015 Before: Leeming JA Decision: 1. Vary the orders made on 13 April 2015 to permit submissions in reply not exceeding 15 pages to be filed and served by 16 July 2015. Such submissions are to be strictly in reply to the written submissions filed on 7 April 2015.

2. I otherwise dismiss the notice of motion filed 13 April 2015.

3. Mr Neale pays the Respondents' costs of the notice of motion dated 13 April 2015. Catchwords: PRACTICE - pro bono referral - whether referral in interests of justice - need to conserve limits resources provided by members of the Bar - UCPR r 7.36 - application refused

PRACTICE - trial by jury - application for appeal to be heard by jury - Supreme Court Act 1970 (NSW), s 85 a code - Court of Appeal not a Division to which s 85 applies - whether determination by jury required in the interests of justice - trial by jury of an appeal antithetical to the interests of justice - application refused Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW), ss 38, 46, 85 Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Commonwealth Bank of Australia trading as Bankwest v Ross [2014] QSC 149 Hetherington-Gregory v All Vehicle Services (No 2) [2012] NSWCA 257 Kelly v Mosman Municipal Council [2010] NSWCA 370 Lane v Northern NSW Local Health District (No 2) [2014] NSWCA 32 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Margan v NSW Director of Public Prosecutions [2013] NSWCA 196 Maroubra Rugby League Football Club Inc v Malo [2007] NSWCA 39 Maxwell-Smith v S & E Hall Pty Ltd [2013] NSWCA 397 Neale v Bank of Western Australia Ltd [2014] NSWSC 315 Neale v Bank of Western Australia Ltd [2014] NSWSC 1219 Neale v Commonwealth Bank of Australia [2014] NSWCA 443 Sharpe v Hargraves Secured Investments Ltd [2013] NSWCA 288 Category: Procedural and other rulings Parties: James Woodward Neale (1st Applicant) JW Neale Pty Ltd (Receivers and Manager Appointed (2nd Applicant) Commonwealth Bank of Australia Ltd (1st Respondent) Brett Stephen Lord (2nd Respondent) Stephen James Parbery (3rd Respondent) Secured Global Opportunity Ltd (4th Respondent) Representation: Counsel: In person (Applicants) P Dowdy (Respondents)