Dennis v Commonwealth Bank of Australia [2022] FCA 1338

Federal Court of Australia

Dennis v Commonwealth Bank of Australia [2022] FCA 1338 File number(s): QUD 172 of 2020 QUD 177 of 2020

Judgment of: COLLIER J

Date of judgment: 11 November 2022

Catchwords: APPEAL – appeal from a decision of the Federal Circuit Court granting summary judgment against the appellant – whereas the appellant contended that the respondent breached provisions of the National Consumer Credit Protection Act 2009 (Cth) (NCCPA) and Code of Banking Practice 2013 by declining to provide her with additional finance – appellant alleged bias on the part of the primary Judge only after reasons delivered – no bias on the part of the primary Judge demonstrated - whereas a lender is not obligated to provide additional finance to an individual – primary Judge did not err in summarily dismissing the appellant's action – appeal dismissed APPEAL - appeal from a decision of the Federal Circuit Court declining to dismiss the respondent's claim for a breach of s 160D National Consumer Credit Protection Act 2009 (Cth)(NCCPA) by the appellant – whereas the appellant declined to provide the respondent with additional finance – whereas the appellant did not engage in a credit activity for the purposes of the NCCPA by declining to provide the respondent with additional finance – no statements made in connection with that decision enliven the operation of s 160D of the NCCPA – appeal allowed