National Australia Bank Ltd v Maher (No 2)

National Australia Bank Limited brought proceedings against Paul Maher and others, seeking an order for possession of certain property and damages for trespass. The case reached the High Court, where the primary issue was whether the judgment for damages was final or interlocutory. The dispute also involved whether new causes of action could be introduced at the assessment of damages. Furthermore, the case examined claims of trespass to land, action on the case, and the entitlement to exemplary damages.

The Court considered whether the judgment for damages was a final judgment that could be appealed immediately, or if it was interlocutory and subject to further proceedings. The introduction of new causes of action at the stage of assessing damages was another significant legal issue. Additionally, the Court examined whether the bank's actions constituted trespass to land and whether the bank was liable for an action on the case. Finally, the Court needed to determine whether the bank was entitled to exemplary damages.

The Court found that the judgment for damages was not a final judgment but rather interlocutory, meaning that it was not immediately appealable. The Court also held that new causes of action could not be introduced at the assessment of damages stage. The Court further determined that the bank's actions did not constitute trespass to land, and the bank was not liable for an action on the case. In regard to exemplary damages, the Court found that the bank was not entitled to such damages.

The Court ordered that the appeal be dismissed, and the parties were to bear their own costs of the appeal.