Elliot Daniel Sgargetta v National Australia Bank Limited (ACN 004 044 937)

[2014] HCASL 234

ELLIOT DANIEL SGARGETTA

v

NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937)

[2014] HCASL 234
M70/2014

1. The respondent commenced proceedings seeking an order for possession of a property which was owned by the applicant and subject to a mortgage in favour of the respondent ("the property").  The parties entered into a deed of settlement.  Following a dispute as to whether the applicant had complied with that deed, the respondent continued with the proceedings.

2. On 7 February 2014, the County Court of Victoria (Cosgrave J) held that the respondent was entitled to an order for possession of the property.  Cosgrave J did not accept the applicant's contention that he was entitled to an order for specific performance of the deed of settlement, and dismissed his counterclaim for damages.  His Honour found that the respondent had not contravened relevant provisions of the National Consumer Credit Code, nor was the respondent's conduct unconscionable. 

3. On 30 July 2014, the Court of Appeal of the Supreme Court of Victoria (Whelan and Santamaria  JJA) dismissed the applicant's appeal. 

4. The applicant seeks special leave to appeal to this Court.  His application seeks to contest characterisations of fact, but does not identify any error of law on the part of the Court of Appeal.  It does not raise any question of principle for determination.  The application does not have sufficient prospects of success to warrant a grant of special leave to appeal.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
11 December 2014 P.A. Keane