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)
 |
|
|
