Commonwealth Bank of Australia v Shannon [2016] NSWSC 53

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Bank of Australia v Shannon [2016] NSWSC 53 Hearing dates: 31 July 2015 Decision date: 11 February 2016 Jurisdiction: Common Law Before: Hall J Decision: Parties to be heard in relation to:

(1) The terms for the grant of leave to the first defendant to participate in the proceedings in light of these reasons on the Amended Notice of Motion filed on 15 July 2015;

(2) The disposition of any remaining matters arising on the first defendant's Amended Notice of Motion dated 15 July 2015;

(3) Remittal of the proceedings to the Registrar's List for case management; and

(4) Costs. Catchwords: PROCEDURE – Civil – Locus standi – Application by first defendant for strike out or summary dismissal of proceedings pursuant to UCPR rules 13.4 and 14.28 or Court's inherent jurisdiction – whether first defendant has standing to make application where he has been declared bankrupt – Trustee in bankruptcy appointed – serious allegations made against first defendant by plaintiff – first defendant has no standing to apply for strike out or summary dismissal should be afforded a limited right to appear in substantive proceedings to defend himself against serious allegations of impropriety Legislation Cited: Bankruptcy Act 1966 (Cth) Cases Cited: Baulkham Hills Shire Council v Stankovic [2009] NSWCA 281 Commonwealth Bank of Australia v Prentice (Trustee), in the matter of Shannon (Bankrupt) [2016] FCA 53 Cummings v Claremont Petroleum (1996) 185 CLR 124 D A Shannon v G A Shannon; D & W Shannon Pty Ltd v G A Shannon (No 2) [2013] NSWSC 1222 National Australia Bank Limited v Strik [2009] NSWSC 184 Re-Engine Pty Ltd v Fergusson [2007] VSC 57 Talacko v Talacko [2013] VSC 712 Category: Procedural and other rulings Parties: Commonwealth Bank of Australia (Plaintiff/Respondent) Geoffrey Anthony Shannon (First Defendant/Applicant) Dallas August Shannon (Second Defendant) D & W Shannon Pty Ltd (Third Defendant) Representation: Counsel: P Dowdy (Plaintiff) M Jacobs QC; S Golledge (First Defendant)