Priestley v National Australia Bank [2013] NSWCA 108

The application for leave to appeal was dismissed as the execution of the writs for possession rendered the application futile and no material error by the primary judge was shown.

Jurisdiction: Australia
Judgment Date: 07 May 2013
Procedural Posture: Application for Leave to Appeal / Application for Leave to Appeal Refused
Outcome: Application for leave to appeal refused
Legal Topics: ['stay of Execution' 'leave to Appeal' 'possession of Property' 'banking Practice']

['civil Procedure'] ['stay of Execution' 'leave to Appeal' 'possession of Property' 'banking Practice']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Refused

Legal Issues

1 ['Whether leave to appeal should be granted after execution of possession writs' "Whether there was any material error in the primary judge's refusal to stay execution of writs for possession"]

Ratio Decidendi

The application for leave to appeal was dismissed as the execution of the writs for possession rendered the application futile and no material error by the primary judge was shown.

Court Disposition

Application for leave to appeal refused

Orders

['Application for leave to appeal is refused.' "Applicants to pay the respondent's costs of the proceedings."]