Zippoz Pty Ltd v National Australia Bank Limited

[2013] HCASL 97

ZIPPOZ PTY LTD

v

NATIONAL AUSTRALIA BANK LIMITED

[2013] HCASL 97
S87/2013

1. Zippoz Pty Ltd, the applicant, is the registered proprietor of certain land at Lilli Pilli, New South Wales, which secured advances of monies from the respondent.  The respondent obtained a judgment for the sums owing to it by the applicant from the Supreme Court of New South Wales (Beech-Jones J) and was given leave to issue a writ of possession with respect to the land.

2. At trial, the applicant pleaded an estoppel founded upon representations alleged to have been made by the respondent to an officer of the applicant to the effect that the applicant did not have to make monthly instalment payments until a later time (which was not specified) and could, in the meantime, capitalise those sums.  The primary judge rejected that defence on the facts.

3. The Court of Appeal (Beazley P and Basten JA) refused the applicant's application for an extension of time within which to appeal.  Although not apparently satisfied with the explanation for the delay, their Honours considered whether the applicant had arguable grounds and held that it had no real prospect of success given the primary judge's reasons for the findings of fact.

4. The application for special leave raises no question of principle.  We see no reason to doubt the decisions below.       Special leave is refused.

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

S.M. Kiefel
20 June 2013 P.A. Keane