National Australia Bank Ltd v Baker

The case of National Australia Bank Ltd v Baker was heard in the Supreme Court of Western Australia. The plaintiff, National Australia Bank Ltd, sought possession of a property owned by the defendants, Felicity Jean Baker and Paul Anthony King, following a mortgage default. The defendants applied for an extension of time to appeal and a stay of execution pending the proposed appeal. The legal issues before the court were whether there were special circumstances justifying an extension of time and a stay of execution, and whether the general rule in Inglis v Commonwealth Trading Bank of Australia applied in this case.

The court found that the defendants had not demonstrated any special circumstances that would warrant an extension of time for the appeal. The court also concluded that the general rule in Inglis v Commonwealth Trading Bank of Australia applied in this case, which means that a stay should not be granted if the defendants were not prepared to, or could not, pay into court the amount sworn to be due to the plaintiff under the mortgage. The court dismissed both the application for an extension of time and the application for a stay of execution.