LA FONTAINE v COMMONWEALTH BANK [1996] NSWCA 309

LA FONTAINE v COMMONWEALTH BANK [1996] NSWCA 309

There were insufficient prospects of success in the appeal to justify granting a stay of judgment; the evidence before the trial judge supported the bank's claim and the particulars of claim were adequate.

Parties
Applicant: LA FONTAINE; Respondent: COMMONWEALTH BANK
Jurisdiction
Australia
Judgment Date
21 October 1996
Procedural Posture
Application for Stay / Interlocutory
Outcome
application dismissed with costs
Legal Topics
Stay of Judgment, Overdraft Facilities, Grounds of Appeal
Civil Procedure Banking Law Stay of Judgment Overdraft Facilities Grounds of Appeal

Case Brief

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Parties

LA FONTAINE

Applicant

COMMONWEALTH BANK

Respondent

Procedural Posture

Application for Stay / Interlocutory

Legal Issues

  1. 1 Whether a stay of judgment should be granted pending appeal
  2. 2 Whether the bank proved its claim as pleaded
  3. 3 Whether the defendant's interpretation of particulars of claim justified not giving evidence

Ratio Decidendi

There were insufficient prospects of success in the appeal to justify granting a stay of judgment; the evidence before the trial judge supported the bank's claim and the particulars of claim were adequate.

Court Disposition

application dismissed with costs

Orders

  • Application for stay is dismissed with costs