Wondal v ING Bank (Australia) Ltd [2013] NSWCA 286

Wondal v ING Bank (Australia) Ltd [2013] NSWCA 286

Leave to appeal was refused because the application was substantially out of time, no error of principle was disclosed in the primary judge's summary dismissal, and the underlying proceedings were completely devoid of merit: s 118 of the Real Property Act 1900 had no application after the unappealed 2005 judgment for possession, the Moratorium Act 1932 did not apply, and no other basis for relief was disclosed.

Jurisdiction
Australia
Judgment Date
22 August 2013
Procedural Posture
Application for Leave to Appeal From Summary Dismissal / Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'summary Dismissal' 'mortgagee Power of Sale' 'out of Time Appeal' 'real Property Act Claim' 'moratorium Legislation']
['civil Procedure' 'real Property' 'mortgage Law'] ['application for Leave to Appeal' 'summary Dismissal' 'mortgagee Power of Sale' 'out of Time Appeal' 'real Property Act Claim' 'moratorium Legislation']

Case Brief

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Procedural Posture

Application for Leave to Appeal From Summary Dismissal / Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted where the summary dismissal was interlocutory and the summons seeking leave was filed about seven months after the material date.' 'Whether the proposed appeal disclosed any error by the primary judge or any reasonable basis for relief.' "Whether the applicant's claims under s 118 of the Real Property Act 1900 and the Moratorium Act 1932 could support the underlying proceedings."]

Ratio Decidendi

Leave to appeal was refused because the application was substantially out of time, no error of principle was disclosed in the primary judge's summary dismissal, and the underlying proceedings were completely devoid of merit: s 118 of the Real Property Act 1900 had no application after the unappealed 2005 judgment for possession, the Moratorium Act 1932 did not apply, and no other basis for relief was disclosed.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']