Westpac Banking Corporation v Murphy

[2006] NSWCA 117

New South Wales

Court of Appeal

CITATION:	Westpac Banking Corporation v Murphy [2006] NSWCA 117 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S):	Notice of Motion 16 December 2005
JUDGMENT DATE:	15 May 2006
JUDGMENT OF:	Santow JA at 1; Ipp JA at 2; Mathews AJA at 3
DECISION:	Orders varying those made on 18 August 2005 are as follows: ; 1. Leave to appeal granted to the Claimant; 2. The Claimant‘s appeal allowed.; 3. The judgment of Judge Sorby dated 9 December 2004 in District Court Proceedings No.4085 of 2004 be set aside and in lieu summary judgment be entered in favour of the Claimant in the amount of $68,230.71 plus interest in the amount of $5,467.80 pursuant to section 100 of the Civil Procedure Act 2005.; 4. The Opponent to pay the Claimant’s costs of the application and appeal.; 5. The Cross-Claimant’s application for leave to appeal be denied.; 6. The Cross-Claimant’s cross-application be dismissed.; 7. Each party to pay its own costs in the cross-application.; 8. The Opponent/Cross-Claimant, if qualified, be granted a certificate under the Suitors Fund Act 1951 (NSW).; 9. These orders be entered forthwith.
CATCHWORDS:	VARIATION OF ORDERS made in judgment [2005] NSWCA 277 dated 18 August 2005.
PARTIES:	WESTPAC BANKING CORPORATION ABN 33 007 457 141 (Claimant/Cross-Opponent) Ian Cockbill MURPHY (Opponent/Cross-Claimant)
FILE NUMBER(S):	CA 40009/05
COUNSEL:	In Chambers
SOLICITORS:	Minter Ellison (Claimant/Cross-Opponent) Ian C Murphy (Opponent/Cross-Claimant)
LOWER COURT MEDIUM NEUTRAL CITATION:	[2005] NSWCA 277

CA 40009/05

SANTOW JA
IPP JA
MATHEWS AJ

15 May 2006

WESTPAC BANKING CORPORATION v Ian Cockbill MURPHY

JUDGMENT ON NOTICE OF MOTION

1 SANTOW JA: I agree with Mathews AJ

2 IPP JA: I agree with Mathews J

3 MATHEWS AJ: On 18 August 2005 the Court handed down its judgment in this matter in favour of the claimant Bank.

4 On 14 December 2005 the claimant filed a Notice of Motion seeking that the orders made by the Court on 18 August be varied in the manner set out in the Notice. The opponent has filed an affidavit opposing the making of the orders sought by the claimant.

5 Having considered all this material, we are of the view that the Court’s orders should be varied in the manner sought by the complainant. It is within the inherent jurisdiction of the Court to make these amendments.

6 We accordingly amend the orders made by us on 18 August 2005. The orders of the court will now be as follows:

1. Leave to appeal granted to the Claimant

2. The Claimant ‘s appeal allowed.

3. The judgment of Judge Sorby dated 9 December 2004 in District Court Proceedings No.4085 of 2004 be set aside and in lieu summary judgment be entered in favour of the Claimant in the amount of $68,230.71 plus interest in the amount of $5,467.80 pursuant to section 100 of the Civil Procedure Act 2005.
4. The Opponent to pay the Claimant’s costs of the application and appeal.

5. The Cross-Claimant’s application for leave to appeal be denied.

6. The Cross-Claimant’s cross-application be dismissed.

7. Each party to pay its own costs in the cross-application.

8. The Opponent/Cross-Claimant, if qualified, be granted a certificate under the Suitors Fund Act 1951 (NSW).

9. These orders be entered forthwith.

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17/05/2006 - change "Ipp JJ" to "Ipp JA" - Paragraph(s) heading, para 2