Pollak v National Australia Bank Limited [2002] FCAFC 55; [2002] FCA 237

Pollak v National Australia Bank Limited [2002] FCAFC 55 Pollak v National Australia Bank Limited [2002] FCA 237

NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.

* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.

* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.

FEDERAL COURT OF AUSTRALIA

Pollak v National Australia Bank Limited [2002] FCA 237

BANKRUPTCY – appellant and his sister jointly and severally liable for judgment debt – construction of agreement between bank and appellant's sister – whether agreement an accord and satisfaction or accord and conditional satisfaction – whether agreement a release of a single debtor releasing all other joint debtors or a covenant not to sue Bankruptcy Act 1966 (Cth) Osborn v McDermott [1998] 3 VR 1 applied Walker v Bowry (1924) 35 CLR 48 discussed Dorgal Holdings Pty Ltd v Buckley (1996) 22 ACSR 164 cited Deanplan v Mahmoud [1993] Ch 151 applied Murray-Oates v Jjadd Pty Ltd (1999) 76 SASR 38 cited Johnson v Davies [1999] Ch 117 cited JOSEPH POLLAK v NATIONAL AUSTRALIA BANK LIMITED N1446 OF 2001 BRANSON, WEINBERG & DOWSETT JJ 14 MARCH 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1446 OF 2001

BETWEEN: JOSEPH POLLAK

APPELLANT

AND: NATIONAL AUSTRALIA BANK LIMITED