Aldous v Commonwealth Bank of Australia [2017] NSWCA 264

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aldous v Commonwealth Bank of Australia [2017] NSWCA 264 Hearing dates: 13 October 2017 Decision date: 13 October 2017 Before: Beazley P at [1], [25]; Leeming JA at [2] Decision: Summons for leave to appeal dismissed with costs. Catchwords: APPEALS – leave to appeal – consent order – judgment entered when defendant failed to comply with settlement deed – whether injustice going beyond merely arguable demonstrated – application dismissed. Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Category: Principal judgment Parties: Adrian John Aldous (Applicant) Commonwealth Bank of Australia (Respondent) Representation: Counsel: In person (Applicant) A Zahra (Respondent)

Solicitors: HWL Ebsworth (Respondent) File Number(s): 2016/322577 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Civil Date of Decision: 29 September 2016 Before: Pembroke J File Number(s): 2013/381363

[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.]