Donnelly v Australia and New Zealand Banking Corporation [2015] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Donnelly v Australia and New Zealand Banking Corporation [2015] NSWCA 233 Hearing dates: 3 August 2015 Decision date: 03 August 2015 Before: Beazley P Decision: 1. Notice of appeal dismissed as incompetent pursuant to the Uniform Civil Procedure Rules 2005 (NSW), r 51.41; 2. The appellant on the appeal (being the respondent on the notice of motion) pay the respondent on the appeal (the applicant on the notice of motion) costs of the notice of motion; 3. The appellant Ms Donnelly pay the respondent's costs relating to the notice of appeal on the ordinary basis; 4. The notice of motion is otherwise dismissed, with the effect that order 3 sought in that notice of motion is not granted. Catchwords: APPEAL – competency – UCPR, r 51.41 – whether summary dismissal of proceedings pursuant to UCPR, r 13.4 constitutes interlocutory judgment – Supreme Court Act 1970 (NSW) s 101(2)(e) – leave to appeal required Legislation Cited: Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v State of New South Wales [2014] NSWCA 243 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Category: Principal judgment Parties: Fiona Marie-Therese Donnelly (Appellant) Australia and New Zealand Banking Corporation (Respondent) Representation: Counsel: J Foley (Appellant) K Ryan (Respondent)

Solicitors: Gadens Lawyers (Respondent) File Number(s): 2015/183492 Decision under appeal Court or tribunal: Supreme Court Date of Decision: 13 May 2015 Before: Darke J File Number(s): 2015/109153