Gorczynski v Bendigo and Adelaide Bank Ltd [2016] NSWCA 170

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gorczynski v Bendigo and Adelaide Bank Ltd [2016] NSWCA 170 Hearing dates: 8 July 2016 Date of orders: 08 July 2016 Decision date: 19 July 2016 Before: Basten JA at [1]; Sackville AJA at [10] Decision: (1) Dismiss the application for leave to appeal.

(2) Order that the applicant pay the Bank's costs of the application. Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – primary Judge determined pursuant to s 73(1) of the Civil Procedure Act 2005 (NSW) that a matter had settled – determination made on Judge's own motion – whether Judge had power to do so – whether matter in dispute warrants leave being granted Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60, 73, 86, 90 Supreme Court Act 1970 (NSW), ss 23, 63 Uniform Civil Procedure Rules 2005 (NSW), r 36.1 Cases Cited: Grant v John Grant & Sons Pty Ltd [1954] HCA 23; 91 CLR 112 Masters v Cameron [1954] HCA 72; 91 CLR 353 The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc [1994] HCA 54; 181 CLR 404 Category: Principal judgment Parties: Peter Gorczynski (Applicant) Bendigo and Adelaide Bank Ltd (Respondent) Representation: Counsel: Mr M E Luitingh (Applicant) Mr J Foley (Solicitor) (Respondents)

Solicitors: Jane Button & Associates (Applicant) Gadens Lawyers (Respondents) File Number(s): 2016/62331 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2016] NSWSC 55 Date of Decision: 03 February 2016 Before: McCallum J File Number(s): 2009/293542