Bernard Madigan v The Commonwealth Bank of Australia

Bernard Madigan (the applicant) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court. The respondent was The Commonwealth Bank of Australia. The nature of the dispute between the parties is not detailed in the provided text, beyond the fact that it led to an appeal.

The central legal issue before the Court of Appeal concerned the competency of the applicant's appeal, specifically in relation to an affidavit filed pursuant to rule 8 of the relevant court rules. This rule likely pertains to the requirements for affidavits in interlocutory proceedings or appeals.

The Court of Appeal, comprising Mason P, Meagher and Powell JJA, considered the affidavit and its compliance with rule 8. While the specific grounds for the application's dismissal are not elaborated upon, the court's decision indicates that the affidavit did not meet the necessary requirements for the appeal to proceed competently. The court applied the principles governing the admissibility and sufficiency of affidavits in appellate proceedings.

Consequently, the application for leave to appeal was dismissed, and Bernard Madigan was ordered to pay the costs of The Commonwealth Bank of Australia.