Serobian v Commonwealth Bank of Australia [2010] NSWCA 181

New South Wales Court of Appeal

CITATION: Serobian v Commonwealth Bank of Australia [2010] NSWCA 181

HEARING DATE(S): 3 March 2010

JUDGMENT DATE: 10 August 2010

JUDGMENT OF: Tobias JA at 1; Macfarlan JA at 3; Sackville AJA at 165

DECISION: The appeal is dismissed with costs.

CATCHWORDS: TRADE PRACTICES - misleading and deceptive conduct - where no evidence that the representees acted to their detriment in, or suffered any loss or damage as a result of their, reliance upon alleged representations - LEGAL PRACTITIONERS - obligations to the Court when representing a party opposed to unrepresented litigant - Civil Procedure Act 2005, s 56 - duty to assist the Court to understand and give full and fair consideration to the submissions of the unrepresented litigant

Civil Procedure Act 2005 Contracts Review Act 1980 Evidence Act 1995 LEGISLATION CITED: Fair Trading Act 1987 Real Property Act 1900 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules

CATEGORY: Principal judgment

Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004) 218 CLR 592 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 CASES CITED: Italform Pty Ltd v Sangain Pty Ltd [2009] NSWCA 427 Marks v GIO Australia Holdings Ltd [1998] HCA 69; (1998) 196 CLR 494 Serobian v Commonwealth Bank of Australia [2009] NSWCA 309 Suttor v Gundowda Pty Ltd [1950] HCA 35; (1950) 81 CLR 418

Shahen Serobian (First Appellant/ First Cross Claimant) PARTIES: Christine Serobian (Second Appellant/Second Cross Claimant) Commonwealth Bank of Australia (Respondent)