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Laszczuk v Bendigo and Adelaide Bank Ltd [2020] VSCA 17

APPEAL
Victorian Court of Appeal
Judge(s): 
Whelan, Hargrave and Emerton JJA
Parties: 

Laszczuk, Mark Simon v Bendigo & Adelaide Bank Ltd (ACN 068 049 178); Cairncross, Tiffany Michelle v Bendigo & Adelaide Bank Ltd (ACN 068 049 178); Haque, Md Monirul v Bendigo & Adelaide Bank Ltd (ACN 068 049 178) and ABL Nominees P/L in its capacity as trustee for the Lighthouse Trust No 12 (ACN 106 756 521)

Judgment Date: 
14 February 2020
Catchwords: 

APPEAL - Procedure - Group proceeding - Approved deed of settlement - Group members acknowledge validity and enforceability of loan deeds - Debt recovery action by respondent bank - Applicant Haque does not admit group membership - Summary enforcement of deed of settlement - 'Trial' of group membership and summary enforcement of deed of settlement - Whether procedure consistent with authority - Whether summary procedure appropriate - Application for leave to appeal granted - Appeal allowed - Remitted for trial - Bendigo & Adelaide Bank Ltd v DY Logistics Pty Ltd [2018] VSC 558, Burkett v Bendigo & Adelaide Bank Ltd [No 2] [2018] VSC 723 referred to - Barratt v Rees [2014] VSCA 327 applied.

APPEAL - Group proceeding - Approved deed of settlement - Group members acknowledge validity and enforceability of loan deeds - Debt recovery action by respondent bank - Applicants Laszczuk and Cairncross admit group membership - Deed of settlement precludes defences sought to be relied upon - Leave to appeal granted - Appeal dismissed - Byrne v Javelin Asset Management Pty Ltd [2016] VSCA 214, Bendigo & Adelaide Bank Ltd v Pekell Delaire Holdings Pty Ltd [2017] VSCA 51 applied.

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