Goater v Commonwealth Bank of Australia (No 2)

In *Goater v Commonwealth Bank of Australia (No 2)*, the applicants sought orders from the Court of Appeal of New South Wales, including that the Court make orders in respect of proceedings in the Common Law Division, following an earlier appeal where a default judgment against them had been set aside. The applicants also sought indemnity costs of the appeal, arguing that the respondent's conduct prior to the default judgment and as the unsuccessful respondent to the appeal justified such an order.

The primary legal issues before the Court were whether the conduct of the Commonwealth Bank of Australia prior to the default judgment, and its conduct as the unsuccessful respondent to the appeal, warranted an order for indemnity costs in favour of the applicants. The Court was also required to consider the applicants' request for the Court to make orders concerning the proceedings in the Common Law Division.

The Court dismissed the notice of motion filed by the applicants on 20 November 2014. Consequently, the applicants were ordered to pay the Bank's costs of the motion. The Court's decision implicitly determined that the conduct of the Bank did not justify an order for indemnity costs, nor did it necessitate the Court of Appeal making further orders in respect of the Common Law Division proceedings at that stage.