Rafidi v Commonwealth Bank of Australia Ltd [2017] NSWCA 96

Rafidi v Commonwealth Bank of Australia Ltd [2017] NSWCA 96

Leave to appeal was required and not properly obtained; neither the challenge to the consent orders nor the refusal to reopen the judgment satisfied criteria for granting leave. The appeal and notice of motion were incompetent and must be dismissed. The Bank's application for referral did not affect the propriety of the consent order or justify reopening, and no error was shown in the trial judge's reasoning.

Jurisdiction
Australia
Judgment Date
10 May 2017
Procedural Posture
Appeal / Application for Leave to Appeal and Dismissal of Appeal
Outcome
Appeal dismissed as incompetent; application for leave dismissed
Legal Topics
['orders Made by Consent' 'setting Aside Consent Judgments' 'leave to Appeal' 'reopening Judgments' 'challenge to Referral to Attorney General']
['civil Procedure' 'appeals'] ['orders Made by Consent' 'setting Aside Consent Judgments' 'leave to Appeal' 'reopening Judgments' 'challenge to Referral to Attorney General']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Dismissal of Appeal

Legal Issues

  1. 1 ['Whether leave to appeal was required from orders made by consent under Supreme Court Act 1970 (NSW), s 101(2)(c)' 'Whether leave to appeal was required from refusal to reopen consent orders under s 101(2)(e)' 'Whether a notice of appeal was incompetent when leave was required and not obtained' 'Whether consent was vitiated by alleged conduct of the Bank regarding referral to Attorney-General' 'Appropriateness of referral application by Bank']

Ratio Decidendi

Leave to appeal was required and not properly obtained; neither the challenge to the consent orders nor the refusal to reopen the judgment satisfied criteria for granting leave. The appeal and notice of motion were incompetent and must be dismissed. The Bank's application for referral did not affect the propriety of the consent order or justify reopening, and no error was shown in the trial judge's reasoning.

Court Disposition

Appeal dismissed as incompetent; application for leave dismissed

Orders

  • ['Dismiss the notice of motion filed in the appeal and the appeal as incompetent.' 'Dismiss the summons seeking leave to appeal.' 'Order that Iyad Rafidi pay the costs of the Commonwealth Bank of Australia Ltd in both proceedings in this Court.']