Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wilmink v Westpac Banking Corporation [2015] FCAFC 17 Citation: Wilmink v Westpac Banking Corporation [2015] FCAFC 17
Appeal from: Wilmink v Westpac Banking Corporation [2014] FCA 872; Wilmink v Westpac Banking Corporation (No 2) [2014] FCA 889
Parties: KEVIN WILMINK and PETER PAALVAST v WESTPAC BANKING CORPORATION
File number: NSD 922 of 2014
Judges: FOSTER, YATES AND GLEESON JJ
Date of judgment: 23 February 2015
Catchwords: BILLS OF EXCHANGE – where default on loan agreement – whether document converted into bill of exchange – whether purported bill of exchange constituted payment – appeal dismissed – Bills of Exchange Act 1909 (Cth), ss 8, 25, 50(1)
Legislation: Bills of Exchange Act 1909 (Cth), ss 8, 25, 50(1), 97 Federal Court of Australia Act 1976 (Cth), s 20A
Cases cited: Atkinson v Commissioner of Taxation [2014] FCA 1217 Atkinson v Commissioner of Taxation [2015] FCAFC 18 Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 Goodman v J Eban Ltd [1954] 1 QB 550 Meyappan v Manchanayake [1961] LKCA 17; (1961) 62 NLR 529 Muirhead v Commonwealth Bank of Australia (1996) 125 FLR 434
Date of hearing: 16 February 2015
Place: Sydney
Division: GENERAL DIVISION
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