Charan v Commonwealth Bank of Australia [2015] NSWSC 411

Supreme Court New South Wales

Medium Neutral Citation: Charan v Commonwealth Bank of Australia [2015] NSWSC 411 Hearing dates: 27 March 2015 Date of orders: 27 March 2015 Decision date: 27 March 2015 Jurisdiction: Equity Division Before: McDougall J Decision: Statement of claim dismissed against each defendant pursuant to r 13.4. Catchwords: PRACTICE AND PROCEDURE - application for summary dismissal - whether statement of claim disclosed a reasonable cause of action - proceedings dismissed - whether plaintiffs estopped from prosecuting claims Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Bankruptcy Act 1966 (Cth) Conveyancing Act 1919 (NSW) Corporations Act 2001 (Cth) Category: Principal judgment Parties: Prabhakar Charan (First Plaintiff) Usha Wati Charan (Second Plaintiff) Commonwealth Bank of Australia (First Defendant) Bruce Gleeson (Second Defendant) Scott Darren Pascoe and Andrew John Scott (Third Defendants) Representation: Counsel: Prabhakar Charan (First Plaintiff) (In person) Usha Wati Charan (Second Plaintiff) (In person) R Lewin (First Defendant) S Stojonovski (Second and Third Defendants)

Solicitors: Prabhakar Charan (First Plaintiff) (In person) Usha Wati Charan (Second Plaintiff (In person) Gadens (First Defendant) Gillis Delaney Lawyers (Second and Third Defendants) File Number(s): 2014/361879