Gorczynski v Bendigo and Adelaide Bank Ltd

The applicant, Gorczynski, sought leave to appeal a decision of a primary Judge of the Supreme Court of New South Wales. The dispute concerned the primary Judge's determination, made on their own motion, that the matter had settled pursuant to section 73(1) of the *Civil Procedure Act 2005* (NSW). The respondent was Bendigo and Adelaide Bank Ltd.

The central legal issue before the Court of Appeal was whether the primary Judge possessed the power to determine that a matter had settled on their own motion, without a formal application by a party. A further issue was whether the matter in dispute warranted the granting of leave to appeal.

The Court of Appeal dismissed the application for leave to appeal. The Court found that the primary Judge had acted within their powers in determining that the matter had settled. The Court also concluded that the issues raised did not meet the threshold for granting leave to appeal. Consequently, the applicant was ordered to pay the Bank's costs of the application.