Merton v Bank of Queensland Ltd

Case

[2013] NSWCA 228

15 July 2013


Details
AGLC Case Decision Date
Merton v Bank of Queensland Ltd [2013] NSWCA 228 [2013] NSWCA 228 15 July 2013

CaseChat Overview and Summary

In *Merton v Bank of Queensland Ltd*, the applicants, Mr Merton and Ms Butler, sought an order restraining the sale of security properties. The respondent was the Bank of Queensland Ltd. The matter came before Gleeson JA.

The primary legal issue before the court was whether exceptional circumstances had been demonstrated to warrant a stay of proceedings pending an application for special leave to appeal.

Gleeson JA dismissed the applicants' notice of motion, finding that no exceptional circumstances were established to justify the requested stay. The court ordered that the applicants pay the respondent's costs of the motion.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Stay of Proceedings

  • Costs

  • Injunction

  • Remedies

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

1

Rinehart v Welker [2012] NSWCA 1