Hassarati v The Trust Company (Australia) Limited

The applicant, Hassarati, sought leave to appeal from a decision of the primary judge concerning the first respondent, The Trust Company (Australia) Limited. The dispute centred on whether the applicant had standing to bring an action under the Contracts Review Act 1980 (NSW).

The central legal issue before the Court of Appeal was whether the applicant possessed the necessary standing to pursue a claim under the Contracts Review Act 1980. This required the court to consider the scope of the Act and the circumstances under which an individual could be considered a party to, or otherwise affected by, a contract for the purposes of seeking its review.

The Court of Appeal, comprising Beazley and Barrett JJA, determined that the applicant had an arguable case. Consequently, leave to appeal was granted. The costs associated with the summons for leave to appeal were to be costs in the appeal as between the applicant and the first respondent, with no other costs orders made at that stage.