A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.

Insurance, Banking, Construction & Government

Saturday, 24 January 2015

Executive Summary (One Minute Read)
Bayon v Bayon (NSWCA) - motor accidents compensation - passenger accidentally shot on hunting expedition - driver not at fault - insurance policy did not respond (I)
Summaries With Link (Five Minute Read)
Neale v Commonwealth Bank of Australia [2014] NSWCA 443
Court of Appeal of New South Wales
Leeming JA
Appeal - competency - bank was successful judgment creditor in proceedings brought by applicant and his company - bank sought that appeal be dismissed as incompetent or for want of prosecution - requirement that, if well-funded, sophisticated, regular litigant is to object to competency of appeal brought by litigant in person, objection should be made promptly - ability to fund appeal - held: bank had not explained why it did not make prompt objection - extension of time to seek dismissal of proceedings as incompetent refused - appeal not self-evidently hopeless - severe prejudice if applicant denied right of appeal on merits of very substantial judgment - there had been some explanation for delay and non-compliance with Court procedure - no particular prejudice to bank - guillotine order made.
Neale (B)