Commonwealth Bank of Australia t/as Bankwest v Khoury [2013] NSWSC 1787

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia t/as Bankwest v Khoury [2013] NSWSC 1787 Hearing dates: 27/11/2013 Decision date: 04 December 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) Paragraphs 2(b), 3(c), 3(d), 4, 5(a), 11 and 12 of the defence filed 5 July 2013 are struck out. (2) The defendants are to pay the plaintiffs' costs as assessed or agreed. Catchwords: PROCEDURE - application to strike out part of defence - whether there was a valid transfer under s 22(1) of Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) - whether pleadings disclose a reasonable cause of action Legislation Cited: Uniform Civil Procedure Rules 2005 Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cth) Cases Cited: Banque Commerciale SA En Liquidation v Akhill Holdings Ltd [1990] HCA 11; (1990) 179 CLR 279 Gibson v Parkes District Hospital (1991) 26 NSWLR 9 Hospitals Contribution Fund of Australia v Hunt (1982) 44 ALR 365 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Category: Interlocutory applications Parties: Commonwealth Bank of Australia t/as Bankwest (First Plaintiff) Robert Moodie (Second Plaintiff) Melissa Lau (Third Plaintiff) Elie Elias Khoury (First Defendant) Norma Khoury (also known as Norma Theresa Khoury) (Second Defendant) Representation: Counsel: R Bellamy (First, Second and Third Plaintiffs) J Levingston (First and Second Defendants) Solicitors: Gadens Lawyers (First, Second and Third Plaintiffs) Alexander Lee & Associates (First and Second Defendants) File Number(s): 2013/107636 Publication restriction: Nil