Maksacheff v Commonwealth Bank of Australia

The parties to this matter were the Maksacheffs and the Commonwealth Bank of Australia. The Maksacheffs sought judicial review of decisions made by judges of the Supreme Court of New South Wales and also sought leave to appeal against a default judgment entered against them. The proceedings were heard in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal included whether the summons seeking judicial review was valid, whether there were any arguable grounds for an appeal against the default judgment, and whether the Principal Registrar had the authority to issue such a judgment under rule 16.4 of the Uniform Civil Procedure Rules 2005 (NSW). Further issues concerned whether the loan liabilities had been discharged by the tender of purported promissory notes, and whether the matter involved a question arising under the Constitution, necessitating notice under section 78B of the Judiciary Act 1903 (Cth).

The Court of Appeal dismissed the summons seeking judicial review, finding it to be without merit. In relation to the summons seeking leave to appeal, the Court found no arguable grounds. The Court reasoned that the Maksacheffs had advanced spurious and hopeless arguments, which had resulted in a significant wastage of court time and unnecessary costs. The Court applied principles relating to the dismissal of unmeritorious claims and the imposition of costs orders, including against third parties where appropriate.

The Court ordered the dismissal of the summons seeking judicial review and the summons seeking leave to appeal, both with costs. The notice of motion filed by the Maksacheffs was also dismissed, with the Maksacheffs ordered to pay the Bank’s costs of that motion.