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Reynolds v National Australia Bank Limited

Reynolds v National Australia Bank Limited

Case [2024] HCASL 5

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REYNOLDS
v
NATIONAL AUSTRALIA BANK LIMITED
[2024] HCASL 5
P17/2023

The applicant seeks special leave to appeal from a self‑executing order made by the Court of Appeal of the Supreme Court of Western Australia (Murphy and Vaughan JJA), dismissing his appeal against orders of Master Sanderson ordering, relevantly, repayment of a $316,455.82 sum owed under a Loan Agreement, as well as interest and possession of a property over which the respondent had a mortgage secured. The applicant requires an extension of time. The applicant also seeks a stay of subsequent property seizure orders made by the Supreme Court. The proposed appeal advances no arguable ground of appeal from the decision of the Court of Appeal. An appeal to this Court would enjoy no prospects of success. It would therefore be futile to grant the extension of time sought. The stay application is refused.
Special leave to appeal is refused.
Edelman J
Jagot J
8 February 2024

Details

AGLC: Reynolds v National Australia Bank Limited [2024] HCASL 5
Case: [2024] HCASL 5
Decision Date

CaseChat Overview and Summary

In Reynolds v National Australia Bank Limited, the applicant sought special leave to appeal from an order made by the Court of Appeal of the Supreme Court of Western Australia, which dismissed his appeal against orders made by Master Sanderson. The orders in question required the repayment of a sum of $316,455.82 under a Loan Agreement, along with interest, and the delivery of possession of a property over which the respondent held a mortgage. The applicant also sought an extension of time for the appeal and a stay of subsequent property seizure orders.

The legal issues before the court were whether the applicant had grounds for appeal that were arguable and whether an extension of time and a stay of the property seizure orders were warranted. The court had to determine if granting the special leave to appeal would be futile given the lack of prospects of success.

The court found that the proposed appeal had no arguable ground of appeal from the decision of the Court of Appeal. The court concluded that an appeal to the High Court would have no prospects of success, making it futile to grant the extension of time sought by the applicant. Consequently, the application for a stay of the subsequent property seizure orders was also refused. The court denied the application for special leave to appeal, affirming the orders of the Court of Appeal.

Orders