Maher v National Australia Bank Ltd

The parties before the High Court were Elizabeth Joanne Marie Maher, the applicant in an application for special leave, and National Australia Bank Limited, the respondent. The dispute concerned an application by the National Australia Bank to strike out Mrs Maher's application for special leave.

The legal issues before the court were whether Mrs Maher's application for special leave should be struck out for not being properly constituted, or alternatively, dismissed for want of prosecution. The court was also asked to consider making such further or other orders as it deemed appropriate.

The National Australia Bank, as the applicant in the summons, sought the strike-out and dismissal orders based on three supporting affidavits, two of which were considered relevant. The proceedings commenced with an appearance by counsel for the National Australia Bank and the newly appointed solicitor for Mrs Maher, following a notice of change of practitioner. The court noted that the notice of change of solicitor had been filed and served on the other party.