Recent Cases

Henderson v Capita Mortgage Pty Ltd [2022] NSWCA 107 (27 June 2022) (Meagher JA)


Catchwords:


APPEALS – procedure – where notice of appeal consists of 50 paragraphs in form of lengthy narrative statements which do not identify asserted errors of primary judge or challenged facts (cf UCPR r 51.18) – where most of those paragraphs vexatious and abuse of process – notice of appeal struck out and direction made for making of application to file an amended notice of appeal

APPEALS – stay of execution pending appeal – where appellant seeks stay of orders for possession and sale of real property – where dispute as to amount of interest and costs recoverable – stay of execution conditional on payment into Court of security