Commonwealth Bank of Australia (ACN 123 123 124) v A.C.E.S. Sogutlu Holdings Pty Ltd (ACN 122 192 509) & Ors [2013] NSWSC 1884

Commonwealth Bank of Australia (ACN 123 123 124) v A.C.E.S. Sogutlu Holdings Pty Ltd (ACN 122 192 509) & Ors [2013] NSWSC 1884

Mr Jamal Charara was properly entered as fourth cross-claimant in the Court record based on the pleadings, his sworn affidavit, and prior judgment. There was no basis to disturb the Registrar's order and the review application was dismissed with costs.

Parties
Applicant/fourth Cross Claimant: Jamal Charara; Respondent/plaintiff: Commonwealth Bank of Australia ACN 123 123 124
Jurisdiction
Australia
Judgment Date
13 December 2013
Procedural Posture
Application for Review / Decision on Application for Review of Registrar's Order
Outcome
application dismissed with costs
Legal Topics
Review of Registrar's Decision, Status as Cross Claimant, Justice Link Amendment
Civil Procedure Review of Registrar's Decision Status as Cross Claimant Justice Link Amendment

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Parties

Jamal Charara

Applicant/fourth Cross Claimant

Commonwealth Bank of Australia ACN 123 123 124

Respondent/plaintiff

Procedural Posture

Application for Review / Decision on Application for Review of Registrar's Order

Legal Issues

  1. 1 Whether the Registrar's order entering Mr Jamal Charara as fourth cross-claimant in Justice Link should be set aside
  2. 2 Whether Mr Charara was in fact a cross-claimant in the proceedings

Ratio Decidendi

Mr Jamal Charara was properly entered as fourth cross-claimant in the Court record based on the pleadings, his sworn affidavit, and prior judgment. There was no basis to disturb the Registrar's order and the review application was dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • Application for review dismissed
  • Applicant to pay the costs of the respondent