Starr v Westpac Banking Corporation

FEDERAL CIRCUIT COURT OF AUSTRALIA

STARR v WESTPAC BANKING CORPORATION [2018] FCCA 3048

Catchwords:
CONSUMER CREDIT – Credit protection – general – operation of credit legislation – jurisdiction.

HIGH COURT AND FEDERAL COURT – Federal Circuit Court – procedure – ending proceedings early – summary disposal or stay.

HIGH COURT AND FEDERAL COURT – Federal Circuit Court – procedure – parties.

Legislation:

Federal Circuit Court of Australia Act 1999, s.17A
Federal Circuit Court Rules 2001, r.13.10
National Consumer Credit Protection Act 2009, ss.88, 166, 166(1), 167, 167(1), 178, 179, 205, 227, 227(1), 227(2), 228, 228(2)

Cases cited:

Adnunat Pty Ltd v ITW Constructions Systems Australia Pty Ltd [2009] FCA 499
Alley & Gillespie (2018) 353 ALR 1
Commonwealth Bank of Australia v Gargan (2004) 140 FCR 1
Hawkesbury City Council v Foster & Anor (1997) 97 LGERA 12
Re Bank of Queensland Ltd [1997] 2 Qd R 129
Tranton v Astor (1917) 33 TLR 383

Applicant: WAYNE MATTHEW STARR

Respondent: WESTPAC BANKING CORPORATION

File Number: BRG 564 of 2018

Judgment of: Judge Jarrett

Hearing date: 21 September 2018

Date of Last Submission: 1 October 2018

Delivered at: Brisbane

Delivered on: 26 October 2018

REPRESENTATION

The Applicant appeared in person

Counsel for the Respondent: Mr Jennings

Solicitors for the Respondent: Kemp Strang

ORDERS

1. Pursuant to rule 13.10 of the Federal Circuit Court Rules 2001, the application filed on 8 June, 2018 is dismissed.

2. Subject to any submissions from either party to be made in writing within seven (7) days of the delivery of this judgment, direct that:

   (a)any application for costs be notified by one party to the other by the filing and service of written submissions specifying:

   (i)the precise orders for costs sought and any alternatives;

   (ii)the argument in support of each order; and

   (iii)whether that party is desirous of any oral hearing of the costs issue

   by the date no more than fourteen (14) days after the delivery of these orders; and

   (b)the respondent to any such application shall file and serve written submissions specifying:

   (i)the precise orders sought by the respondent;

   (ii)the argument in support of the response; and

   (iii)whether that party is desirous of any oral hearing of the costs issue

   by the date no more than twenty-eight (28) days after the delivery of these orders.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRG 564 of 2018

WAYNE MATTHEW STARR

Applicant

And

WESTPAC BANKING CORPORATION

Respondent

REASONS FOR JUDGMENT

1. This is an application for summary dismissal of proceedings commenced by Mr Starr on 8 June, 2018.  Mr Starr resists the application.  In short compass, Westpac argues that Mr Starr has no standing to commence these proceedings, to seek the relief claimed in them and his case is otherwise unlikely to succeed. 

2. For the reasons that follow, I accept Westpac’s submissions.  The proceedings should be summarily dismissed.

The proceedings

1. In his application filed on 8 June, 2018, Mr Starr seeks the following relief:

   1.That the Respondent breached Sections 227 of the National Consumer Credit…