Henderson v Capita Mortgage Pty Ltd

In *Henderson v Capita Mortgage Pty Ltd*, the appellant, Mr Henderson, sought to appeal orders made by the primary judge concerning possession and sale of real property. The respondent, Capita Mortgage Pty Ltd, sought to strike out the notice of appeal and for a stay of execution of the primary judge's orders.

The Court of Appeal was required to determine whether the notice of appeal complied with the Uniform Civil Procedure Rules, specifically rule 51.18, which requires an appellant to identify the asserted errors of the primary judge and the challenged facts. The Court also considered the appellant's application for a stay of execution pending the determination of any appeal, and the respondent's application to strike out the notice of appeal.

Meagher JA found that the notice of appeal, consisting of 50 paragraphs of narrative statements, did not identify the asserted errors of the primary judge or the challenged facts, rendering it vexatious and an abuse of process. Consequently, the notice of appeal was struck out. The Court also ordered a stay of execution of the judgment and orders for possession and sale, conditional upon the appellant paying $170,000 into Court as security by 27 July 2022. Directions were made for the appellant to file an amended notice of appeal and supporting affidavit by the same date.