Maksacheff v Commonwealth Bank of Australia (No 2)

The case involved a dispute between Maksacheff and the Commonwealth Bank of Australia. The plaintiffs sought to set aside a summary dismissal of their claims, which were based on alleged breaches of contract. The proceedings took place in the Federal Court of Australia. The core of the dispute revolved around the plaintiffs' ability to establish a breach of contract and their prospects of success in the case.

The court was required to determine whether the plaintiffs had a viable claim for breach of contract and whether there were any grounds to set aside the summary dismissal. This involved an assessment of the merits of the plaintiffs' case, particularly in light of the stringent criteria for summary dismissal. The court had to consider whether the plaintiffs could demonstrate a reasonable prospect of success in their claims.

In its reasoning, the court emphasised the stringent criteria for setting aside a summary dismissal. It noted that the plaintiffs needed to show a viable claim and a reasonable prospect of success. The court concluded that the plaintiffs' claims did not meet these criteria. It found that the plaintiffs had not demonstrated a viable case for breach of contract and that their prospects of success were extremely limited. Based on these findings, the court upheld the summary dismissal and refused the plaintiffs' application to set it aside.

The final orders of the court were that the plaintiffs' application to set aside the summary dismissal was dismissed. The court also ordered that the plaintiffs pay the respondent's costs of the application, which were taxed at $21,000.