Commonwealth Bank of Australia v Anastasopolios [2014] NSWSC 294

Commonwealth Bank of Australia v Anastasopolios [2014] NSWSC 294

The defendant's defence did not raise any legally available or reasonably arguable defence to the plaintiff's monetary claim, and there being no specific limitation on the defendant's personal liability, summary judgment was appropriate.

Jurisdiction
Australia
Judgment Date
05 February 2014
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for the plaintiff
Legal Topics
['summary Judgment' 'costs']
['civil Procedure'] ['summary Judgment' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 ['Whether summary judgment should be entered for the plaintiff under Uniform Civil Procedure Rules 2005 r 13.1' 'Whether the defendant is personally liable for the debts incurred as trustee of a family trust']

Ratio Decidendi

The defendant's defence did not raise any legally available or reasonably arguable defence to the plaintiff's monetary claim, and there being no specific limitation on the defendant's personal liability, summary judgment was appropriate.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff against the defendant in the sum of $443,600.21.' "Order the defendant to pay the plaintiff's costs of the proceedings including the Notice of Motion for Summary Judgment."]