Salvato v Commonwealth Bank of Australia (No 2) [2013] NSWSC 1374

Salvato v Commonwealth Bank of Australia (No 2) [2013] NSWSC 1374

The plaintiff's claims arose out of or were related to the two loans that were the subject of the deed of settlement, under which Mr Salvato released the Bank from all claims arising out of or in any way related to those loans. The release prevented him from proceeding with the claims, and the proceedings were dismissed under UCPR r 13.4 by consent, with costs ordered in favour of the Bank and any contractual entitlement reserved.

Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Common Law Proceeding Concerning Claims for Misrepresentation, Negligence, Breach of Contract and Breach of Fiduciary Relationship Arising From Loan Facilities / Defendant's Motion for Strike Out and Dismissal Under the Uniform Civil Procedure Rules 2005; Reasons for Orders Made on 25 July 2013
Outcome
Proceedings dismissed; plaintiff ordered to pay the defendant's costs; defendant's rights under any contractual entitlement reserved.
Legal Topics
['summary Disposal' 'strike Out' 'release Under Deed' 'issue Estoppel' 'anshun Estoppel' 'costs' 'contractual Costs Entitlements']
['practice and Procedure' 'civil Procedure' 'contract Law'] ['summary Disposal' 'strike Out' 'release Under Deed' 'issue Estoppel' 'anshun Estoppel' 'costs' 'contractual Costs Entitlements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Common Law Proceeding Concerning Claims for Misrepresentation, Negligence, Breach of Contract and Breach of Fiduciary Relationship Arising From Loan Facilities / Defendant's Motion for Strike Out and Dismissal Under the Uniform Civil Procedure Rules 2005; Reasons for Orders Made on 25 July 2013

Legal Issues

  1. 1 ["Whether the plaintiff's proceedings should be dismissed under Part 13 r 13.4 of the Uniform Civil Procedure Rules 2005" 'Whether claims arising out of or related to the relevant loans were barred by a deed of settlement and release' "Whether the defendant's contractual rights concerning costs should be reserved"]

Ratio Decidendi

The plaintiff's claims arose out of or were related to the two loans that were the subject of the deed of settlement, under which Mr Salvato released the Bank from all claims arising out of or in any way related to those loans. The release prevented him from proceeding with the claims, and the proceedings were dismissed under UCPR r 13.4 by consent, with costs ordered in favour of the Bank and any contractual entitlement reserved.

Court Disposition

Proceedings dismissed; plaintiff ordered to pay the defendant's costs; defendant's rights under any contractual entitlement reserved.

Orders

  • ['Pursuant to Part 13, r 13.4 of the UCPR 2005, the proceedings are dismissed.' "The plaintiff shall pay the defendant's costs of and incidental to the proceedings, as agreed or assessed." "The defendant's rights under any contractual entitlement are reserved to it."]