Bakarich v Commonwealth Bank of Australia

Mr Bakarich applied to the Court of Appeal of New South Wales to re-open an appeal against the Commonwealth Bank of Australia. The application was heard by Hodgson JA.

The primary legal issue before the court was whether Mr Bakarich's application to re-open the appeal should be permitted to proceed, and if so, on what basis and with what limitations.

Hodgson JA determined that the application to re-open the appeal should proceed, but strictly on the material that had already been provided in accordance with directions given on 15 December 2009 and modified on 23 March 2010. No further material was to be considered. Furthermore, no subpoenas were to be issued in relation to this application.