The Bendigo Adelaide Bank Ltd

[2013] HCASL 107

HARLEY ROBERT WILLIAMSON & ANOR

v

THE BENDIGO ADELAIDE BANK LTD
[2013] HCASL 107
P36/2012

1. The applicants seek special leave to appeal against orders of the Court of Appeal of the Supreme Court of Western Australia (Pullin and Murphy JJA) dismissing an appeal against a decision of the Supreme Court of Western Australia (Master Sanderson).

2. On 10 April 2012, the Supreme Court ordered the applicants to deliver up vacant possession of a property and to pay certain amounts owing to the respondent under a home loan agreement and a credit card agreement, together with interest and costs.

3. On 12 October 2012, the Court of Appeal unanimously dismissed the applicants' application for an extension of time, dismissed the application for leave to appeal and dismissed the appeal.  The Court of Appeal found that nothing in any of the grounds of appeal or the submissions provided any basis for concluding that the Master had erred in the orders that were made.

4. This special leave application is brought out of time and the applicants seek an order under r 41.02.2 of the High Court Rules 2004 dispensing with the need to comply with the time limit in r 41.02.1.

5. As the applicants do not have legal representation, the application falls to be dealt with under r 41.10.

6. There is 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 to appeal.

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

K.M. Hayne
26 June 2013 S.M. Crennan