Human Appeal International Australia v Beyond Bank Australia Limited [2023] NSWSC 382

Supreme Court New South Wales

Medium Neutral Citation: Human Appeal International Australia v Beyond Bank Australia Limited [2023] NSWSC 382 Hearing dates: 23 February 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Equity Before: Slattery J Decision: Proceedings not dismissed. Plaintiff granted leave to file Statement of Claim. Directions made for the further conduct of the proceedings. Parties invited to bear their own costs of the applications. Catchwords: CIVIL PROCEDURE – Pleadings – striking out – no reasonable cause of action – Uniform Civil Procedure Rules 2005, rr 12.7 and 13.4 – the plaintiff is a customer of the defendant bank – the plaintiff is a charity – the defendant is a community bank and an authorised deposit taking institution – in August 2021 the defendant gave notice of termination of the plaintiff's banking facilities with the defendant – the plaintiff obtained interlocutory injunctive relief to allow it to maintain banking facilities with the defendant – procedural delays occurred – the defendant brought a motion to strike out the proceedings for want of due dispatch and because the current pleading is said to not disclose a maintainable cause of action – the plaintiff now seeks to file an amended statement of claim – the defendant says the amended statement of claim also does not disclose a maintainable cause of action – whether the proceedings could be struck out for want of dispatch – whether the plaintiff should be permitted to file the amended statement of claim – if the proceedings are not to be struck out, what further procedural directions should be made to bring the proceedings to an expeditious conclusion. Legislation Cited: Anti-Money Laundering and Counterterrorism Financing Act 2006 (Cth) Australian Securities and Investment Commission Act 2001, s 12CB Banking Act 1959 (Cth) Civil Procedure Act 2005, ss 56, 57, 58, 59 and 60 Corporations Act 2001, s 912A Uniform Civil Procedure Rules 2005, rr 12.7, 13.4 Cases Cited: A & N Holding NSW Pty Ltd v Andel Pty Ltd & Ors [2006] NSWSC 55 Bott v Carter [2012] NSWCA 89 Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd (2019) 373 ALR 591; [2019] NSWCA 87 NA Retail Solutions Pty Ltd v St George Bank [2010] FCA 259 Oliver v Commonwealth Bank of Australia (No. 1) [2011] FCA 1440 Spencer v Commonwealth (2010) 241 CLR 118 Stollznow v Calvert [1980] 2 NSWLR 749 TWT Property Group Pty Ltd v Same (2019) 373 ALR 591 Walker & Anor v VA & Z (No. 2) (2001) 39 ACSR 557 Webster v Lampard (1993) 177 CLR 598. Whitton v Lombard Australia Limited [1968] 2 NSWR 529 Category: Procedural rulings Parties: Plaintiff: Human Appeal International Australia Defendant: Beyond Bank Australia Limited Representation: Counsel: Plaintiff/Respondent: F. Corsaro SC Defendant/Applicant: G.K. Burton SC