Warren Brian McCarthy v National Australia Bank Limited ACN 004 044 937

[2015] HCASL 189

WARREN BRIAN MCCARTHY

v

NATIONAL AUSTRALIA BANK LIMITED ACN 004 044 937

[2015] HCASL 189
S150/2015

1. The applicant filed a notice of motion in the Supreme Court of New South Wales seeking a stay of execution of a writ of possession, made in favour of the respondent, which related to a property in Korora in New South Wales.  The Supreme Court (Adamson J) ordered that the notice of motion be dismissed.  The applicant appealed to the Court of Appeal of the Supreme Court of New South Wales and, by notice of motion, sought a stay of the judgment of Adamson J and a stay of the writ of execution. The Court of Appeal (Basten JA) ordered that the notice of motion be dismissed with costs.

2. The applicant now seeks special leave to appeal from the orders of the Court of Appeal. The applicant does not have legal representation. The application therefore falls to be dealt with under r 41.10 of the High Court Rules 2004 (Cth).

3. The proceedings below involved questions of practice and procedure which were resolved by the application of well-settled principles.  The application raises no question of law which would warrant a grant of special leave to appeal and the draft appeal is bound to fail.  The application is dismissed.

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

V.M. Bell
4 November 2015 S.J. Gageler