Blakeley v National Australia Bank [2018] FCA 796

Blakeley v National Australia Bank [2018] FCA 796

The application for leave to appeal was dismissed because the Forbearance Deed executed by the applicants released the Bank from all claims relating to the relevant facilities, securities, and guarantees. There was no admissible evidence of duress, undue influence, or unconscionable conduct, and the applicant lacked standing due to the effects of bankruptcy and the deregistration of the relevant corporate trustee. The applicant's claims had no reasonable prospect of success and there was no appellable error in the primary judge's reasoning or orders.

Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
['summary Dismissal' 'leave to Appeal' 'unconscionable Conduct' 'banking Code of Practice' 'standing of Trustees and Bankrupts' 'release Clauses' 'unfair Contract Terms']
['practice and Procedure' 'consumer Law' 'banking and Finance'] ['summary Dismissal' 'leave to Appeal' 'unconscionable Conduct' 'banking Code of Practice' 'standing of Trustees and Bankrupts' 'release Clauses' 'unfair Contract Terms']

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

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether there was an appellable error in the summary dismissal of the applicant's case" 'Whether the Forbearance Deed barred the applicant from maintaining proceedings against the Bank' 'Whether the applicant had standing to bring the proceedings after bankruptcy or as trustee' 'Whether the Forbearance Deed or conduct by the Bank was unconscionable or affected by duress or undue influence' 'Whether there was evidence of breaches of statutory duties or contracts as alleged']

Ratio Decidendi

The application for leave to appeal was dismissed because the Forbearance Deed executed by the applicants released the Bank from all claims relating to the relevant facilities, securities, and guarantees. There was no admissible evidence of duress, undue influence, or unconscionable conduct, and the applicant lacked standing due to the effects of bankruptcy and the deregistration of the relevant corporate trustee. The applicant's claims had no reasonable prospect of success and there was no appellable error in the primary judge's reasoning or orders.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • ['The application for leave to appeal is dismissed.' 'The applicants pay the costs of the respondent, to be assessed if not agreed.']