Charan v Commonwealth Bank of Australia & Ors [2014] NSWSC 1473

Supreme Court New South Wales

Medium Neutral Citation: Charan v Commonwealth Bank of Australia & Ors [2014] NSWSC 1473 Hearing dates: 8 October 2014 Decision date: 08 October 2014 Jurisdiction: Equity Division Before: White J Decision: Refer to paras [50] and [57] of judgment. Catchwords: PRACTICE AND PROCEDURE - application to strike out statement of claim and application for summary dismissal - whether statement of claim disclosed arguable cause of action - held statement of claim did not disclose arguable cause of action - proceedings dismissed without prejudice to plaintiff's rights in relation to certain claims; COSTS - application for indemnity costs - no issue of principle - application refused Legislation Cited: Corporations Act 2001 (Cth) Bankruptcy Act 1966 (Cth) Real Property Act 1900 (NSW) Cases Cited: Green v Schneller [2001] NSWSC 897 National Australia Bank v Hunter [2013] NSWSC 71 Commonwealth Bank of Australia v Hadfield [2001] NSWCA 440; (2001) 53 NSWLR 614; (2001) 10 BPR 19,199 Ultimate Property Group Pty Limited v Lord [2004] NSWSC 114; (2004) 60 NSWLR 646 Port of Melbourne Authority v Anshun Pty Limited [1981] HCA 45; (1981) 147 CLR 589 Category: Principal judgment Parties: Prabhakar Charan (Plaintiff) Commonwealth Bank of Australia (1st Defendant) Bruce Gleeson (2nd Defendant) Scott Darren Pascoe and Andrew John Scott (3rd Defendants) Representation: Counsel: C R de Robillard (Plaintiff) R Lewin, solicitor (1st Defendant) S Stojanovski, solicitor (2nd & 3rd Defendants) Solicitors: Gadens (1st Defendant) Gillis Delaney Lawyers (2nd and 3rd Defendants) File Number(s): 2014/196642