Burge v Commonwealth Bank of Australia (No 3) [2017] FCA 383

FEDERAL COURT OF AUSTRALIA

Burge v Commonwealth Bank of Australia (No 3) [2017] FCA 383 File number: NSD 1615 of 2016

Judge: FOSTER J

Date of judgment: 13 April 2017

Catchwords: PRACTICE AND PROCEDURE – summary dismissal – whether the applicant, a customer of the Commonwealth Bank of Australia, has any reasonable prospect of successfully prosecuting claims against the bank for declarations, injunctions, damages or compensation in respect of the bank's conduct in making two loans to the customer and in subsequently managing those loans in circumstances where she accepted a Final Determination made by Financial Ombudsman Service Limited (FOS), where she consented to orders granting possession of certain real property which was security for one of the loans, where she ultimately settled her claims by entering into a Deed of Settlement and Release and where judgment was entered against her in a proceeding brought by her for substantially the same relief as she now seeks – whether the applicant has any prospect of seeking judicial review of the Final Determination made by FOS

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB, s 12DA, Pt 2 Div 2 Consumer Credit Protection Act 2009 (Cth) Corporations Act 2001 (Cth), s 912A, s 1041H Evidence Act 1995 (Cth), s 136 Federal Court of Australia Act 1976 (Cth), s 31A Land Titles Act 1980 (Tas), s 146 National Consumer Credit Protection Act 2009 (Cth), Pt 4 Div 1 and Div 3, Ch 3 Supreme Court Civil Procedure Act 1932 (Tas), s 191B(1) Federal Court Rules 2011, r 26.01(1)(a)–(d) Federal Court Rules, O 11 r 16 National Credit Code, Pt 4, Div 1 and Div 3 Uniform Consumer Credit Code