Westpac Banking Corporation v Murphy [2006] NSWCA 117

Westpac Banking Corporation v Murphy [2006] NSWCA 117

The Court, having considered the material and submissions, determined that its previous orders should be varied as sought by the claimant pursuant to its inherent jurisdiction.

Parties
Claimant/cross Opponent: Westpac Banking Corporation; Opponent/cross Claimant: Ian Cockbill Murphy
Jurisdiction
Australia
Judgment Date
15 May 2006
Procedural Posture
Notice of Motion / Motion to Vary Appeal Judgment Orders
Outcome
Orders varied as sought by the claimant. Appeal allowed. Summary judgment entered for claimant.
Legal Topics
Variation of Orders, Appeal, Summary Judgment, Costs
Civil Procedure Variation of Orders Appeal Summary Judgment Costs

Case Brief

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Parties

Westpac Banking Corporation

Claimant/cross Opponent

Ian Cockbill Murphy

Opponent/cross Claimant

Procedural Posture

Notice of Motion / Motion to Vary Appeal Judgment Orders

Legal Issues

  1. 1 Whether the Court's previous orders should be varied as sought by the claimant

Ratio Decidendi

The Court, having considered the material and submissions, determined that its previous orders should be varied as sought by the claimant pursuant to its inherent jurisdiction.

Court Disposition

Orders varied as sought by the claimant. Appeal allowed. Summary judgment entered for claimant.

Orders

  • Leave to appeal granted to the Claimant
  • The Claimant's appeal allowed