Charan v Commonwealth Bank of Australia [2017] NSWSC 616

Supreme Court New South Wales

Medium Neutral Citation: Charan v Commonwealth Bank of Australia [2017] NSWSC 616 Hearing dates: 12 May 2017 Date of orders: 12 May 2017 Decision date: 12 May 2017 Jurisdiction: Equity Before: Darke J Decision: Statement of Claim struck out and proceedings summarily dismissed. Catchwords: PRACTICE AND PROCEDURE – application to strike out statement of claim – application for summary dismissal – where two earlier proceedings involving the same claims summarily dismissed – whether statement of claim discloses any arguable cause of action – whether any of claims are arguable – whether proceedings are an abuse of process – statement of claim struck out and proceedings dismissed Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW), s 56 Corporations Act 2001 (Cth), s 420A Real Property Act 1900 (NSW), s 90 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Cases Cited: Charan v Commonwealth Bank of Australia [2014] NSWSC 1473 Charan v Commonwealth Bank of Australia [2015] NSWSC 411 Category: Principal judgment Parties: Prabhakar Charan (Plaintiff) Commonwealth Bank of Australia (First Defendant) Registrar-General (Second Defendant) Bruce Gleeson (Third Defendant) Scott Darren Pascoe and Andrew John Scott (Fourth Defendants) Representation: Counsel: Mrs U Charan (with leave, for the Plaintiff) Mr Lewin (solicitor) (First Defendant) Mr T Booth (solicitor) (Second Defendant) Ms D Fazio (solicitor) (Third and Fourth Defendants)