Charan v Commonwealth Bank of Australia [2017] NSWSC 616

Charan v Commonwealth Bank of Australia [2017] NSWSC 616

The statement of claim was deficient, prolix, and failed to disclose any arguable cause of action. All claims advanced, except possibly a claim concerning the Bank’s exercise of power of sale, had been determined adversely to the plaintiff in earlier proceedings or are plainly unarguable. The current proceedings amount to an abuse of process and should be struck out and summarily dismissed.

Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Equity / Application to Strike Out Statement of Claim and for Summary Dismissal
Outcome
Statement of Claim struck out and proceedings summarily dismissed.
Legal Topics
['strike Out Application' 'summary Dismissal' 'abuse of Process' 'real Property' 'bankruptcy']
['practice and Procedure' 'equity'] ['strike Out Application' 'summary Dismissal' 'abuse of Process' 'real Property' 'bankruptcy']

Case Brief

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Procedural Posture

Equity / Application to Strike Out Statement of Claim and for Summary Dismissal

Legal Issues

  1. 1 ['Whether the statement of claim discloses any arguable cause of action' 'Whether any claims are arguable' 'Whether the proceedings are an abuse of process']

Ratio Decidendi

The statement of claim was deficient, prolix, and failed to disclose any arguable cause of action. All claims advanced, except possibly a claim concerning the Bank’s exercise of power of sale, had been determined adversely to the plaintiff in earlier proceedings or are plainly unarguable. The current proceedings amount to an abuse of process and should be struck out and summarily dismissed.

Court Disposition

Statement of Claim struck out and proceedings summarily dismissed.

Orders

  • ['Statement of Claim struck out' 'Proceedings summarily dismissed pursuant to Uniform Civil Procedure Rules r 13.4' "Plaintiff to pay the defendants' costs of the Notices of Motion and the proceedings on an indemnity basis"]