Merton v Bank of Queensland Ltd
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Commercial Law
Legal Concepts
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Stay of Proceedings
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Costs
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Injunction
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Remedies
Actions
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Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
1
Merton v Bank of Queensland Ltd
[2013] NSWCA 115
Merton v Bank of Queensland Ltd
[2013] NSWCA 159
Rinehart v Welker
[2012] NSWCA 1