Recent Cases

Ward v Westpac Banking Corporation Limited [2024] NSWCA 267 (12 November 2024) (Mitchelmore and McHugh JJA)


Catchwords:


APPEALS — leave to appeal — where defence struck out for abuse of process without leave to replead — whether injustice in preventing applicants from raising defence — where applicant focus on merits — failure to challenge correctness of finding of abuse of process — failure to establish arguable error in exercise of discretion to refuse leave to replead