NSW Caselaw
New South Wales Supreme Court
CITATION : Serobian & Anor v Commonwealth Bank of Australia [2009] NSWSC 1312
HEARING DATE(S) : 27 November 2009
JUDGMENT DATE : 27 November 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 27 November 2009
DECISION : Injunctive relief against defendant declined. Adjourned to Tuesday 1 December 2009 before the Duty Judge.
CATCHWORDS : EQUITY - equitable remedies - injunctions - borrower/mortgagor seeks an injunction restraining the defendant bank's exercise of a power of sale over the security property - borrower/mortgager unable to tender or pay into Court the moneys secured - party seeking equity unable to do equity - injunction refused
CATEGORY : Principal judgment
CASES CITED : Inglis v Commonwealth Bank of Australia (1971) 126 CLR 161 Wilby v St George Bank (2001) 80 SASR 404
First Plaintiff: Shahen Serobian PARTIES : Second Plaintiff: Christine Serobian Defendant: Commonwealth Bank of Australia
FILE NUMBER(S) : SC 4885/09
COUNSEL : Plaintiffs: Christine Serobian (Self-Represented) Defendant: Mr J Falconer
SOLICITORS : Plaintiffs: Christine Serobian (Self-Represented) Defendant: Henry Davis York
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
SLATTERY J
FRIDAY 27 NOVEMBER 2009
4885/09 SHAHEN SEROBIAN AND CHRISTINE SEROBIAN v COMMONWEALTH BANK OF AUSTRALIA JUDGMENT 1 HIS HONOUR: At approximately 4 pm today Christine Serobian appeared in person before the Court upon her notice of motion seeking injunctive relief against the Commonwealth Bank of Australia. Although her claim is put in several ways, she seeks to restrain the bank's proposed sale of a property in Addison Road, Manly. In conformity with the Court's policy of reducing the risk of identity theft, the precise address of the property is not published in this judgment. At this time of day and because of other business in the duty list I have had limited time to become familiar with the wider history of this case. I have read Ms Serobian's principal affidavit of 27 November 2009. I have also read her submission in support of her motion.
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