Shah v Commonwealth Bank of Australia (No. 2) [2016] NSWSC 592

Supreme Court New South Wales

Medium Neutral Citation: Shah v Commonwealth Bank of Australia (No. 2) [2016] NSWSC 592 Hearing dates: 10 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Equity Before: Slattery J Decision: Summary judgment not granted. Pleading struck out in part and leave to re-plead granted. Plaintiff directed to file all her evidence by Friday 10 June 2016. Costs of the motion will be the successful party's costs in the proceedings. Catchwords: PROCEDURE - defendant bank seeks summary judgment against plaintiff wife - whether proceedings should be dismissed under Uniform Civil Procedure Rules, r 13.4 - whether proceedings should be struck out under Uniform Civil Procedure Rules, r 14.28 - whether plaintiff wife should be granted leave to re-plead paragraphs in Statement of Claim that raise general allegations of knowledge against the defendant bank. Legislation Cited: Australian Securities and Investments Commission Act 2001 Contracts Review Act 1980, s 17 Uniform Civil Procedure Rules 2005 ("UCPR"), rr 13.4, 14.28 Cases Cited: Euroasia (Pacific) Pty Ltd v Michael & Ors [2008] VSC 153 Siwicki v National Australia Bank Limited [2010] VSC 547 Tresize v National Australia Bank Limited (1994) 50 FCR 134 Category: Procedural and other rulings Parties: Plaintiff: Vicki Shah Defendant: Commonwealth Bank of Australia (ACN 123 123 124) Representation: Counsel: Plaintiff: D. Allen Defendants: B. Koch

Solicitors: Plaintiff: Russell Phair, Proctor Phair Lawyers Defendant: Fiona Reynolds, Turks Legal File Number(s): 2015/293957 Publication restriction: No