Charan v Commonwealth Bank of Australia [2015] NSWCA 364

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Charan v Commonwealth Bank of Australia [2015] NSWCA 364 Hearing dates: 19 November 2015 Date of orders: 19 November 2015 Decision date: 19 November 2015 Before: Basten JA at [1]; Tobias AJA at [18] Decision: (1) Dismiss the application for leave to appeal.

(2) Order the first applicant to pay the respondents' costs of the application. Catchwords: APPEAL – application for leave to appeal – proceedings brought against mortgagee of properties with respect to sale – proceedings brought against trustees of bankrupts' estates – claims in earlier dismissed proceedings repeated – no arguable case of error on part of trial judge Legislation Cited: Bankruptcy Act 1966 (Cth), s 116 Corporations Act 2001 (Cth), ss 9, 420A Real Property Act 1900 (NSW), s 90 Cases Cited: Charan v Commonwealth Bank of Australia [2014] NSWSC 1473 Category: Procedural and other rulings Parties: Prabhakar Charan (First applicant) Usha Wati Charan (Second applicant) Commonwealth Bank of Australia (First Respondent) Bruce Gleeson (Second Respondent) Scott Darren Pascoe and Andrew John Scott (Third Respondents) Representation: Counsel: Applicants self-represented Ms T Fishburn (First Respondent) Mr M Hayter (Second and Third Respondents)

Solicitors: Gadens (First Respondent) Gillis Delaney Lawyers (Second and Third Respondents) File Number(s): 2015/124191 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2015] NSWSC 411 Date of Decision: 27 March 2015 Before: McDougall J File Number(s): 2014/361879