McCarthy v National Australia Bank Ltd (No 2) [2015] NSWCA 230

McCarthy v National Australia Bank Ltd (No 2) [2015] NSWCA 230

No arguable grounds for appeal were established, nor was there an arguable defence or procedural unfairness justifying a stay or setting aside of the default judgment; thus, the application for a stay pending appeal was dismissed.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Application (notice of Motion) / Court of Appeal Ruling on Application for Stay Pending Leave to Appeal
Outcome
Application dismissed
Legal Topics
['stay of Execution' 'default Judgment' 'lay Advocate' 'procedural Fairness' 'abuse of Process']
['civil Procedure'] ['stay of Execution' 'default Judgment' 'lay Advocate' 'procedural Fairness' 'abuse of Process']

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Procedural Posture

Application (notice of Motion) / Court of Appeal Ruling on Application for Stay Pending Leave to Appeal

Legal Issues

  1. 1 ['Whether there are arguable grounds for a stay of execution of the writ of possession pending application for leave to appeal' 'Whether procedural unfairness occurred in not allowing applicant to appear with lay advocate' 'Whether applicant has an arguable defence to the default judgment']

Ratio Decidendi

No arguable grounds for appeal were established, nor was there an arguable defence or procedural unfairness justifying a stay or setting aside of the default judgment; thus, the application for a stay pending appeal was dismissed.

Court Disposition

Application dismissed

Orders

  • ["Dismiss the applicant's notice of motion filed on 3 August 2015." "Order that the applicant pay the respondent Bank's costs of the motion."]