Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kenney v Commonwealth Bank of Australia [2017] FCA 389 File number: WAD 206 of 2016
Judge: BARKER J
Date of judgment: 13 April 2017
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth) and rule 26.01 of the Federal Court Rules 2011 (Cth) – where applicants raise claims, causes of action, issues and facts adjudicated on in previous proceedings – anshun estoppel
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 26.01
Date of hearing: 5 September 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicants: The First Applicant appeared on behalf of the Applicants
Counsel for the Respondent: Mr SK Dharmananda SC
Solicitor for the Respondent: Minter Ellison
ORDERS WAD 206 of 2016
BETWEEN: GREGORY PETER KENNEY First Applicant
NOLA MICHELLE KENNEY Second Applicant
AND: COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 Respondent
JUDGE: BARKER J DATE OF ORDER: 13 APRIL 2017
THE COURT ORDERS THAT:
1. Pursuant to section 31A of the Federal Court of Australia Act 1976 (Cth) and rule 26.01 of the Federal Court Rules 2011 (Cth), judgment be entered in favour of the respondent on the grounds that: (a) the applicants have no reasonable prospect of successfully prosecuting this proceeding or any part of it; (b) further or in the alternative, no reasonable cause of action is disclosed by the applicants; and (c) further or in the alternative, this proceeding is an abuse of process of the Court. 2. The originating application filed by the applicants on 24 May 2016 be dismissed. 3. The applicants pay the costs of the application including the costs of this interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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