Hassarati v The Trust Company (Australia) Limited [2013] NSWCA 132

Hassarati v The Trust Company (Australia) Limited [2013] NSWCA 132

There is at least an arguable case that the applicants have standing to bring an action under the Contracts Review Act 1980, raising an important question of the construction of that Act regarding the indicia of standing. Leave to appeal should therefore be granted.

Parties
First Applicant: George Hassarati; Second Applicant: Josephine Hassarati; First Respondent: The Trust Company (Australia) Limited; Second Respondent: Australian and New Zealand Banking Group Limited; Third Respondent: Alvera Hassarati; Fourth Respondent: Lily Hassarati; Fifth Respondent: Royal Guardian Mortgage Corporation; Sixth Respondent: Anthony Tomazin; Seventh Respondent: CKM (Mortgages) Ltd; Eighth Respondent: John Maait; Ninth Respondent: Joseph Kotowicz; Tenth Respondent: Simon Konstantinidis; Eleventh Respondent: Joseph Capogreco; Twelfth Respondent: National Australia Bank
Jurisdiction
Australia
Judgment Date
20 February 2013
Procedural Posture
Appeal / Leave to Appeal Application
Outcome
Leave to appeal granted; costs orders as specified.
Legal Topics
Standing Under Contracts Review Act 1980, Leave to Appeal, Costs
Civil Procedure Standing Under Contracts Review Act 1980 Leave to Appeal Costs

Case Brief

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Parties

George Hassarati

First Applicant

Josephine Hassarati

Second Applicant

The Trust Company (Australia) Limited

First Respondent

Australian and New Zealand Banking Group Limited

Second Respondent

Alvera Hassarati

Third Respondent

Lily Hassarati

Fourth Respondent

Royal Guardian Mortgage Corporation

Fifth Respondent

Anthony Tomazin

Sixth Respondent

CKM (Mortgages) Ltd

Seventh Respondent

John Maait

Eighth Respondent

Joseph Kotowicz

Ninth Respondent

Simon Konstantinidis

Tenth Respondent

Joseph Capogreco

Eleventh Respondent

National Australia Bank

Twelfth Respondent

Procedural Posture

Appeal / Leave to Appeal Application

Legal Issues

  1. 1 Whether applicants have standing to bring an action under Contracts Review Act 1980 against the first respondent
  2. 2 Indicia of standing to bring a claim under the Contracts Review Act 1980

Ratio Decidendi

There is at least an arguable case that the applicants have standing to bring an action under the Contracts Review Act 1980, raising an important question of the construction of that Act regarding the indicia of standing. Leave to appeal should therefore be granted.

Court Disposition

Leave to appeal granted; costs orders as specified.

Orders

  • Grant leave to appeal
  • The costs of the summons for leave to appeal are to be costs in the appeal as between the applicant and the first respondent