Savellis v Financial Ombudsman Services Ltd [2016] NSWSC 1771

Supreme Court New South Wales

Medium Neutral Citation: Savellis v Financial Ombudsman Services Ltd [2016] NSWSC 1771 Hearing dates: 3 February 2016 Decision date: 13 December 2016 Jurisdiction: Equity Before: White J Decision: 1. Order that the plaintiff's claims for relief in the summons be dismissed. 2. Order that the plaintiff pay the second defendant's costs. Catchwords: BANKING AND FINANCE — dispute resolution — statutorily required dispute resolution scheme established pursuant to s 912A of Corporations Act 2001 (Cth) — whether determination of applicant's dispute by the dispute resolution scheme was made in accordance with terms of reference — whether determination dealt with applicant's submissions — whether determination was unintelligible, irrational or illogical on account of internal inconsistency — whether determination lacked adequate reasons for rejecting applicant's submissions — determination read fairly dealt with and provided sufficient reasons for rejecting applicant's submissions — determination not unreasonable — determination made in accordance with terms of reference Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Cromwell Property Securities Limited v Financial Ombudsman Service Ltd (2014) 288 FLR 374; [2014] VSCA 179 Mickovski v Financial Ombudsman Service Ltd (2012) 36 VR 456; [2012] VSCA 185 Minister for Immigration and Ethnic Affairs v Woo Shan Liang (1996) 185 CLR 259 Sasterwan v Morris [2008] NSWCA 70 Category: Principal judgment Parties: Robert Savellis (Plaintiff) Financial Ombudsman Service Ltd (1st Defendant) National Australia Bank Ltd (2nd Defendant) Representation: Counsel: L Livingston (Plaintiff) M Wise (1st Defendant) J Hutton (2nd Defendant