Charan v Commonwealth Bank of Australia [2020] NSWCA 13

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Charan v Commonwealth Bank of Australia [2020] NSWCA 13 Hearing dates: 12 February 2020 Decision date: 18 February 2020 Before: Leeming JA; Emmett AJA. Decision: 1. Summons seeking leave to appeal filed 21 October 2019 dismissed. 2. Second applicant to pay the respondents' costs. Catchwords: APPEAL – application for leave to appeal from summary dismissal of proceedings – proceedings dismissed because rights to sue vested in applicants' trustees in bankruptcy, and because of earlier litigation – no basis for grant of leave – in any event, any appeal would lie to Federal Court by reason of s 7(5) of Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Legislation Cited: Bankruptcy Act 1966 (Cth), ss 19, 27, 60(4), 116(2)(g) Bankruptcy Regulations 1996 (Cth), Schedule 4A Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5), Schedule Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Boensch v Pascoe [2016] NSWCA 191; 349 ALR 193 Charan v Commonwealth Bank of Australia [2014] NSWSC 1473 Charan v Commonwealth Bank of Australia [2015] NSWCA 364 Charan v Commonwealth Bank of Australia [2015] NSWSC 411 Charan v Commonwealth Bank of Australia [2017] NSWCA 209 Charan v Commonwealth Bank of Australia [2017] NSWSC 616 Charan v Commonwealth Bank of Australia [2019] NSWSC 1245 In the matter of Galtari Pty Ltd (in liq) [2018] NSWSC 917 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Category: Principal judgment Parties: Prabhakar Charan (First applicant) Usha Charan (Second applicant) Commonwealth Bank of Ausrtalia (First respondent) Bruce Gleeson (Second respondent) Scott Darren Pascoe and Andrew John Scott (Third respondents) Representation: Counsel: Second applicant in person for both applicants R Lewin, solicitor (First respondent) J Treherne (Second and third respondents)