Harker-Mortlock and Anor v Commonwealth Bank Of Australia and Anor
[2019] HCASL 261
HARKER-MORTLOCK & ANOR
v
COMMONWEALTH BANK OF AUSTRALIA & ANOR
[2019] HCASL 261
S126/2019
The applicants require an extension of time to enable this application for special leave to appeal to proceed. The application does not provide any reason to doubt the correctness of the decision of the Court of Appeal of the Supreme Court of New South Wales (Macfarlan, Meagher and Brereton JJA). An appeal would have no prospects of success. Accordingly, it would be futile to grant an extension of time. The application should be dismissed with costs.
The first respondent seeks costs on a solicitor and own client basis and seeks leave to file evidence of the guarantee and respective mortgages which were in evidence in the courts below. The first respondent is granted leave to file that evidence and any brief submissions in support within 7 days of the date of this order. The applicants have leave to file any responsive evidence and brief submissions in response within a further 7 days.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs and granting leave for the first respondent to apply for special orders as to costs.
M.M Gordon J.J Edelman 4 September 2019
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