Woollard v Australia and New Zealand Banking Group Ltd [2016] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woollard v Australia and New Zealand Banking Group Ltd [2016] NSWCA 258 Hearing dates: 12 September 2016 Date of orders: 12 September 2016 Decision date: 13 September 2016 Before: Meagher JA Decision: 1. Dismiss paragraph 2 of the notice of motion filed on 7 September 2016. 2. Appellant/applicant to pay the first respondent's costs of that motion. 3. Note the second respondent's undertaking not to enforce any judgment or order in his favour made on 20 May 2016 until the final determination of the appeal. 4. No order as to costs as between the appellant/applicant and the second respondent. 5. Notice of motion filed on 7 September 2016 otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – application for stay of execution of primary judgment granting possession of property and leave for issue of writ of possession – whether arguable ground of appeal – where success on grounds of appeal would not entitle appellant to have judgment for possession set aside in full – stay refused Legislation Cited: Australian Securities and Investment Commission Act 2001 (Cth), s 12CB(1) Contracts Review Act 1980 (NSW) Corporations Act 2001 (Cth), ss 127, 128, 129 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Category: Procedural and other rulings Parties: Kim Garnet Woollard (Appellant/Applicant) Australia and New Zealand Banking Group Limited (First Respondent) Andrew Mark Hodgson (Second Respondent) Representation: Counsel: H Weller (Solicitor) (Appellant/Applicant) C E Bannan (First Respondent) T T Bors (Second Respondent)