In their statement of claim the borrowers sought damages of $207,802.68 against the lender (NAB) they alleged they suffered as a result of the NAB improperly exercising a power of sale over a property at Kingswood. The borrower also tried to sue Dibbs Abbott Stillman (Lawyers for NAB) on the grounds of conspiracy, misconduct, misleading conduct, deceit and unconscionable conduct.
At first instance the proceedings were summarily dismissed with Associate Justice Macready refusing to disqualify himself on the grounds of apprehended bias by reason of his having an overdraft account with the NAB. The pleadings were found to have failed to plead material facts, did not disclose a cause of action and was embarrassing.
On appeal before Justice White (who also disclosed he had an overdraft account with the NAB) the summary dismissal of the claim was affirmed as was the correctness of Associate Justice Macready declining to recuse himself.