Ward v Westpac Banking Corporation Limited

Ward and others (the applicants) appealed to the Court of Appeal of the Supreme Court of New South Wales against orders made by a judge of that Court. The dispute concerned the applicants' defence in proceedings brought by Westpac Banking Corporation Limited and others (the respondents). The primary judge had struck out the applicants' defence on the basis that it constituted an abuse of process, and had refused leave to replead.

The Court of Appeal was required to determine whether there was an injustice in preventing the applicants from raising their defence, and whether there was an arguable error in the primary judge's exercise of discretion to refuse leave to replead. The applicants' focus was on the merits of their defence, rather than challenging the finding of abuse of process or the refusal of leave to replead.

The Court of Appeal found that the applicants had failed to establish an arguable error in the primary judge's exercise of discretion. The applicants had not demonstrated that they were prevented from raising their defence in circumstances that would cause injustice, nor had they successfully challenged the correctness of the finding of abuse of process.

Consequently, the Court of Appeal dismissed the summons, ordered the applicants to pay the costs of the respondents, and discharged the stay previously granted on certain orders.