Commonwealth Bank of Australia v ACN 076 848 112 Pty Ltd [2015] NSWCA 314

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commonwealth Bank of Australia v ACN 076 848 112 Pty Ltd [2015] NSWCA 314 Hearing dates: 2 October 2015 Decision date: 02 October 2015 Before: Basten JA; Emmett AJA Decision: (1) An order pursuant to s 444E(3) of the Corporations Act 2001 (Cth) that the applicant be granted leave to begin and proceed with the application for leave to appeal and the appeal as against the first respondent.

(2) Grant leave to appeal from the judgment of Ball J in the Equity Division entered on 1 June 2015.

(3) The costs of the leave applications to be costs in the appeal. Catchwords: APPEAL – interlocutory appeal – application for leave – issue of practice and procedure – access to defendant's insurance policy and related documents – principle of restraint – factors relevant to grant of leave – leave required under Corporations Act 2001 (Cth), s 444E Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6, Div 1 Corporations Act 2001 (Cth), s 444E Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (Applicant) ACN 076 848 112 Pty Ltd (formerly known as Colliers International Consultancy & Valuation Pty Ltd) (First Respondent) Andrew Willsford (Second Respondent) Representation: Counsel: Mr A Leopold SC/Mr P Dowdy (Applicant) Mr D L Williams SC/Mr D S Weinberger (Respondents)

Solicitors: Ashurst Australia (Applicant) Johnson Winter and Slattery (Respondents) File Number(s): 2015/184423 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: Commonwealth Bank of Australia v ACN 076 848 112 Pty Ltd [2015] NSWSC 666 Date of Decision: 1 June 2015 Before: Ball J File Number(s): 2014/370161