Dye v Commonwealth Bank of Australia (No 2)

The appeal before the Court of Appeal of New South Wales concerned a dispute between Mr. Dye and the Commonwealth Bank of Australia. Mr. Dye had initiated an appeal by filing a Notice of Appeal, but the Court was required to determine whether this procedural step was appropriate, or if leave to appeal was in fact necessary. The Bank had filed a motion to strike out the appeal.

The central legal issue before the Court was whether Mr. Dye was entitled to bring his appeal as of right, or if he was required to obtain leave from the Court to proceed with the appeal. This determination was critical to the validity of the appeal proceedings.

The Court concluded that leave to appeal was required in this instance, and that Mr. Dye had mistakenly brought the appeal by Notice of Appeal. Consequently, the Court dismissed the appeal initiated by the Notice of Appeal filed on 18 November 2010. Mr. Dye was also ordered to pay the costs of the Commonwealth Bank of Australia in relation to this appeal.