Jamal Charara v Commonwealth Bank of Australia ACN 123 123 124

[2015] HCASL 109

JAMAL CHARARA

v

COMMONWEALTH BANK OF AUSTRALIA ACN 123 123 124 & ORS

[2015] HCASL 109
S12/2015

1. The first respondent ("the Bank") made a loan of $1.5 million to the second respondent.  The second respondent defaulted on repayment of the loan, and the Bank sold two properties over which it had taken mortgages as security for the loan.  The third respondent was the registered proprietor of one of these properties, and the fourth respondent was the sole director of the second and third respondents.  The applicant appeared for the second to fourth respondents at first instance and on appeal, and is a former director of the second and third respondents. 

2. The Bank brought proceedings seeking payment of the shortfall between the proceeds of sale and the debt owed, and the applicant and the second to fourth respondents cross claimed.  The principal complaints in the cross-claim were that there was no occasion for the exercise of a mortgagee's power of sale, which in any event was improperly exercised, and that the Bank had failed to properly account for the proceeds of sale. On 30 August 2013, the Equity Division of the Supreme Court of New South Wales (Young AJ) entered judgment for the Bank and ordered that the cross-claim be dismissed.

3. On 27 November 2014, the Court of Appeal of the Supreme Court of New South Wales (Beazley P, Macfarlan and Leeming JJA) dismissed each of the grounds of appeal raised by the applicant and the second to fourth respondents.  Their Honours found there was no error in the conclusions of the primary judge.

4. The applicant requires an extension of time in which to bring an application for special leave to appeal to this Court.  The applicant articulates no appealable error in the decisions of the Courts below.  There is no reason to doubt the correctness of those decisions.  Special leave should be refused and therefore there is no utility in granting an extension of time.

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
18 June 2015 P.A. Keane