Serobian v CBA [2009] NSWCA 350

In this case a writ of possession was granted over the borrowers’ Manly property to the CBA on the basis of an $8,007,806.85 debt. The borrowers cross claimed seeking orders that the mortgage be set aside under the Contracts Review Act and Trade Practices Act. They failed before the trial judge and, so, lodged a Notice of Appeal. They then sought a stay of the eviction. This was rejected by the judge. They then sought a review of this decision by a single judge of the Court of Appeal, this was also rejected. They then sought a stay from a different single judge of the Court of Appeal which was again rejected. They then sought a stay from a third single judge of the Court of Appeal and were again rejected. They then brought this appeal before the Full Court of the Court of Appeal and were again rejected. The basis for rejection on all five occasions was that the grounds of appeal showed no reasonable prospects of success.

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