McLean v Westpac Banking Corporation [2013] FCA 126

McLean v Westpac Banking Corporation [2013] FCA 126

The applicant's proceedings were dismissed as they involved claims and grounds already determined in prior proceedings or which should have been raised there; further, her pleadings failed to disclose any reasonable cause of action and constituted an abuse of process, justifying summary judgment.

Jurisdiction
Australia
Judgment Date
22 February 2013
Procedural Posture
Civil / Summary Judgment Determination and Dismissal of Originating and Interlocutory Applications
Outcome
Applicant's originating and interlocutory applications dismissed with costs.
Legal Topics
['estoppel' 'anshun Estoppel' 'mortgage Enforcement' 'securitisation' 'mc Kenzie Friend' 'summary Judgment' 'abuse of Process']
['civil Procedure' 'banking and Finance' 'property Law'] ['estoppel' 'anshun Estoppel' 'mortgage Enforcement' 'securitisation' 'mc Kenzie Friend' 'summary Judgment' 'abuse of Process']

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

Civil / Summary Judgment Determination and Dismissal of Originating and Interlocutory Applications

Legal Issues

  1. 1 ['Whether applicant is estopped from raising claims already adjudicated in previous proceedings (Anshun estoppel)' "Whether the applicant's pleadings regarding forgery, unconscionable conduct and 'securitisation' disclose any reasonable cause of action" 'Whether summary judgment is appropriate due to abuse of process and no reasonable prospect of success' 'Appropriate principles regarding the role of a McKenzie Friend']

Ratio Decidendi

The applicant's proceedings were dismissed as they involved claims and grounds already determined in prior proceedings or which should have been raised there; further, her pleadings failed to disclose any reasonable cause of action and constituted an abuse of process, justifying summary judgment.

Court Disposition

Applicant's originating and interlocutory applications dismissed with costs.

Orders

  • ["The applicant's originating application filed on 25 October 2012 is dismissed." "The applicant's interlocutory application filed on 17 December 2012 is dismissed." "The applicant is to pay the costs of the application including costs of the respondents' interlocutory application filed on 26 November 2012, to be...