Hassarati v The Trust Company (Australia) Limited [2013] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hassarati v The Trust Company (Australia) Limited [2013] NSWCA 132 Hearing dates: 20 February 2013 Decision date: 20 February 2013 Before: Beazley JA; Barrett JA Decision: 1. Grant leave to appeal; 2. The costs of the summons for leave to appeal are to be costs in the appeal as between the applicant and the first respondent; 3. Note that no other order for costs is made. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - leave to appeal - arguable case - whether standing to bring an action under Contracts Review Act 1980 Legislation Cited: Contracts Review Act 1980 Category: Principal judgment Parties: George Hassarati (First Applicant) Josephine Hassarati (Second Applicant) The Trust Company (Australia) Limited (First Respondent) Australian and New Zealand Banking Group Limited (Second Respondent) Alvera Hassarati (Third Respondent) Lily Hassarati (Fourth Respondent) Royal Guardian Mortgage Corporation (Fifth Respondent) Anthony Tomazin (Sixth Respondent) CKM (Mortgages) Ltd (Seventh Respondent) John Maait (Eighth Respondent) Joseph Kotowicz (Ninth Respondent) Simon Konstantinidis (Tenth Respondent) Joseph Capogreco (Eleventh Respondent) National Australia Bank (Twelfth Respondent) Representation: Counsel: D R Pritchard SC; B Zipser (Applicants) R Henskens; N Bearup (First and Second Respondents) P Cutler (Third Respondent) R Watson (Seventh Respondent) I Griscti (Eight Respondent) R Kumar (Ninth and Tenth Respondents) M Connery (Eleventh Respondent) P Reynolds (Twelfth Respondent) Solicitors: Pericaud Zraika (First and Second Applicants) Gadens Lawyers (First and Second Respondents) Gary Pickering (Third Respondent) Bransgroves Lawyers (Fifth Respondent) Gibson Howlin Lawyers (Seventh Respondent) Middletons Lawyers (Eighth Respondent) HWL Ebsworth Lawyers (Ninth and Tenth Respondents) Connery Partners (Eleventh Respondent) National Australia Bank (Twelfth Respondent) File Number(s): CA 2012/357447 Decision under appeal Jurisdiction: 9111 Citation: Trust Co Fiduciary Services Ltd v Hassarati (No 3) [2012] NSWSC 979 Date of Decision: 2012-10-24 00:00:00 Before: Davies J File Number(s): 2009/295712