McCarthy v National Australia Bank Limited [2015] NSWCA 370

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McCarthy v National Australia Bank Limited [2015] NSWCA 370 Hearing dates: 24 November 2015 Date of orders: 27 November 2015 Decision date: 27 November 2015 Before: Meagher JA Bergin CJ in Eq Decision: Application for leave to appeal dismissed with costs Catchwords: APPEAL – application for leave to appeal – where primary judge dismissed application to set aside default judgment Cases Cited: National Australia Bank Limited v Warren Brian McCarthy [2014] NSWSC 1819 National Australia Bank v Warren Brian McCarthy [2015] NSWSC 731 National Australia Bank Limited v McCarthy [2015] NSWSC 1040 Category: Principal judgment Parties: Warren Brian McCarthy (Applicant) National Australia Bank Limited (Respondent) Representation: Counsel: Warren Brian McCarthy (in person) D C Price (Respondent)

Solicitors: DibbsBarker Lawyers (Respondent) File Number(s): 2015/226108 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2015] NSWSC 1040 Date of Decision: 29 July 2015 Before: Adamson J File Number(s): 2014/5111

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]