Serobian & Anor v Commonwealth Bank of Australia [2010] NSWSC 1165

New South Wales Supreme Court

CITATION : Serobian & Anor v Commonwealth Bank of Australia [2010] NSWSC 1165

HEARING DATE(S) : 24 September 2010 1 November 2010

JUDGMENT DATE : 8 November 2010

JUDGMENT OF : Hallen AsJ

(a) the Plaintiffs' further amended statement of claim, filed on 16 August 2010, be struck out; (b) the Plaintiffs are to pay the Defendant's costs of its notice of motion filed on 27 August 2010; DECISION : (c) the Plaintiffs are not permitted to file another statement of claim seeking the same relief, or relief based on the same material facts, without the leave of the court, or unless that statement of claim is endorsed as having been drafted, and settled, by a legal practitioner; (d) the balance of the Defendant's notice of motion filed on 27 August 2010 is dismissed; (e) the Plaintiffs notice of motion, filed on 27 October 2010, is dismissed; (f) the Plaintiffs are to pay the Defendant's costs of the notice of motion filed on 27 October 2010.

CATCHWORDS : PRACTICE & PROCEDURE - Strike out of further amended statement of claim - LEGAL PROFESSION - Pro-bono scheme - application for further referral certificate - "special reasons"

Contracts Review Act 1980 LEGISLATION CITED : Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules, Part 7, Division 9

CATEGORY : Procedural and other rulings

Commonwealth Bank of Australia v Shahen Serobian [2009] NSWSC 302 Gourlay v Casey (1927) 38 CLR 586 CASES CITED : Jess v Scott (1986) 12 FCR 187 Serobian v Commonwealth Bank of Australia (unreported decision of Macready AsJ, 25 June 2010) Serobian v Commonealth Bank of Australia [2010] NSWCA 181