Terrence Roger Mytton‑Watson & Anor v Commonwealth Bank of Australia

[2013] HCASL 44

TERRENCE ROGER MYTTON‑WATSON & ANOR

v

COMMONWEALTH BANK OF AUSTRALIA

[2013] HCASL 44
P40/2012

1. The applicants seek special leave to appeal against the orders of the Court of Appeal of the Supreme Court of Western Australia (Newnes and Murphy JJA) dismissing an appeal to that Court which they had instituted out of time, refusing an extension of time within which to appeal and refusing to stay the operation of the orders made at first instance which they sought to challenge.  At first instance, Master Sanderson had ordered the applicants to pay the respondent $666,851.64 plus interest and give possession of two properties to the respondents.

2. In the Court of Appeal, the applicants alleged in effect that they were denied procedural fairness at first instance.  They seek to renew that argument in this Court, without identifying any error by the Court of Appeal in respect of that complaint.

3. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

4. We see no reason to doubt the correctness of the decision of the Court of Appeal.  An appeal to this Court would not enjoy sufficient prospects of success to warrant a grant of special leave.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan