Conley v Commonwealth Bank of Australia [2000] NSWCA 172

Conley v Commonwealth Bank of Australia [2000] NSWCA 172

A limited stay of execution was appropriate until the legal aid application could be progressed and considered, not because Mr Conley had demonstrated a ground with substantial prospects of special leave being granted, but to preserve the position so that independent legal advice could be obtained on the proposed High Court application, with an undertaking to expedite the legal aid application and keep the Bank informed.

Jurisdiction
Australia
Judgment Date
26 June 2000
Procedural Posture
Application for Stay of Execution / Notice of Motion in the New South Wales Court of Appeal Pending Application for Special Leave to Appeal to the High Court of Australia, Alternatively Pending Determination of Legal Aid Application
Outcome
Limited stay granted; notice of motion stood over; costs reserved.
Legal Topics
['stay of Execution' 'possession of Residence' 'special Leave to Appeal' 'legal Aid' 'contracts Review Act 1980']
['civil Procedure' 'banking and Finance' 'contracts Review'] ['stay of Execution' 'possession of Residence' 'special Leave to Appeal' 'legal Aid' 'contracts Review Act 1980']

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Procedural Posture

Application for Stay of Execution / Notice of Motion in the New South Wales Court of Appeal Pending Application for Special Leave to Appeal to the High Court of Australia, Alternatively Pending Determination of Legal Aid Application

Legal Issues

  1. 1 ["Whether execution of Master Malpass' judgment for possession should be stayed pending the outcome of Mr Conley's application for special leave to appeal to the High Court of Australia." "Alternatively, whether execution should be stayed pending the outcome of Mr Conley's application for legal aid to prosecute the special leave application."]

Ratio Decidendi

A limited stay of execution was appropriate until the legal aid application could be progressed and considered, not because Mr Conley had demonstrated a ground with substantial prospects of special leave being granted, but to preserve the position so that independent legal advice could be obtained on the proposed High Court application, with an undertaking to expedite the legal aid application and keep the Bank informed.

Court Disposition

Limited stay granted; notice of motion stood over; costs reserved.

Orders

  • ['Stay of execution of the judgment of Master Malpass made on 27 July 1999 granted until 9 October 2000.' 'Notice of motion dated 15 June 2000 stood over to 9 October 2000.' 'Undertaking noted that Mr Conley will correspond with the Legal Aid Commission before 1 September 2000 to endeavour to expedite his...