Blakeley v National Australia Bank

Blakeley v National Australia Bank involves an application for summary judgment by the National Australia Bank (the Bank) against the applicants, Mr Blakeley and others. The applicants seek to challenge the validity of a forbearance deed executed between the parties and bring various claims against the Bank. The court was required to determine whether the applicants had a reasonable prospect of successfully prosecuting their proceeding and whether the Bank was entitled to summary judgment. The applicants argued that the Bank had breached its obligations under the forbearance deed, but the court found that the terms of the deed were clear and binding, releasing the Bank from the applicants' claims. The applicants' claims fell within the scope of the release, and the Bank was entitled to rely on the deed as a complete defence. The court also considered the applicants' standing to bring the claims, noting that Mr Blakeley's claims had vested in the Commonwealth or ASIC upon his bankruptcy. The court concluded that there was no reasonable prospect of the applicants successfully prosecuting their proceeding and granted the Bank's application for summary judgment. The court ordered that summary judgment be entered for the respondent against the applicants and that the applicants pay the respondent's costs of the application and the proceeding.