Charan v Commonwealth Bank of Australia

The applicants, Mr. and Mrs. Charan, sought leave to appeal from a decision of the Supreme Court of New South Wales. Their proceedings were brought against the Commonwealth Bank of Australia, as mortgagee of certain properties, and against the trustees of their bankrupt estates. The core of the dispute concerned the sale of these properties.

The primary legal issue before the Court of Appeal was whether there was an arguable case of error on the part of the trial judge in dismissing the applicants' claims. The applicants were essentially seeking to relitigate claims that had already been dismissed in earlier proceedings.

The Court of Appeal found that the applicants had failed to demonstrate any arguable error in the trial judge's decision. The claims brought in the current proceedings were substantially the same as those that had been previously adjudicated and dismissed. Consequently, the Court concluded that there was no basis for granting leave to appeal.

The application for leave to appeal was dismissed, and the first applicant was ordered to pay the respondents’ costs of the application.