Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ines v Commonwealth Bank of Australia [2008] FCA 1608
Australian Securities and Investment Commission Act 2001 (Cth), ss 12CB, 12DA and 12GF Federal Court Rules, O 23 Trade Practices Act 1974 (Cth), ss 52 and 51AB ARLENE TECSON INES and ANOR v COMMONWEALTH BANK OF AUSTRALIA
NSD 711 OF 2008
EMMETT J
23 october 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 711 OF 2008
BETWEEN: ARLENE TECSON INES
First Applicant
FRANCISCA RIEGO INES
Second Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
Respondent
JUDGE: EMMETT J
DATE OF ORDER: 23 october 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The proceeding be dismissed. 2. The applicants pay the respondent's costs up to and including 6 August 2008 on the ordinary basis. 3. The applicants pay the respondent's costs from and including 7 August 2008 on the indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 711 OF 2008
BETWEEN: ARLENE TECSON INES
First Applicant
FRANCISCA RIEGO INES
Second Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA
Respondent
JUDGE: EMMETT J
DATE: 23 october 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION 1 In this proceeding the applicants, Mr Arlene Ines and Mrs Francesca Ines, claim that they suffered loss by conduct of the respondent, the Commonwealth Bank of Australia (the Bank). They say that the Bank engaged in conduct that was misleading or deceptive or likely to mislead or deceive or was unconscionable in contravention of either ss 52 or 51AB of the Trade Practices Act 1974 (Cth) or ss 12CB, 12DA or 12GF of the Australian Securities and Investment Commission Act 2001 (Cth). In the event, it does not matter under which statute the claim is brought because the damages that are now claimed would be the same under each statute, if Mr and Mrs Ines are entitled to recover damages.
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