Federal Court of Australia
"A
LIMITED DISTRIBUTION
IN_THE FEDERAL COMRT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY
- ewe
GENERAL DIVISION
BETWEEN : RAYMOND WILLIAM BRUNKER
Applicant
AND:
WESTPAC BANKING CORPORATION
Respondent
MINUTE OF ORDER
IIDGE : FOX d. DATE OF _ ORDER: 11 SEPTEMBER 1984 WHERE MADE: SYDNEY.
THE COURT ORDERS THAT:
1. The application be dismissed.
ad
The applicant pay the respondent's casts of application.
al
The applicant pav the respondent within 71 davs Amount of S$6n,171.48.
4, The exhibits be returned.
Wote: Settlement and entrv of orders is dealt with in gr 3A of the Federal Court Rules.
No.G36 of 1986
the
LIMITED DISTRIBUTION
I. THE FEDERAL COURT OF AUSTRALIA 3
NEW S0NTH WALES DISTRICT REGISTRY No. Gi6 of LOA
} \ GENERAL DIVISTON \
BETWEEN : RAYMOND WILLTAM BRINKER
Applicant
AND: WESTPAC BANKING CORPORATION
Respondent
CORAM: FOX J.
DATE: 11 SEPTEMBER 1984
REASONS FOR JUDGMENT (EX TEMPORE}
FOX oT.
In this ease Fhe applicant proceeds for alleaed
misleading and deceptive conduct in reliance upon s.F2 of the
Trade Practices Acr 1974. He saves rhar when siqonina «4 form of MuArantee «to the respondent hank he was rold Pr ocne cf ifs
efficers that the anarantes was anlvy To cewer rhe coer of oat
arbitration then takina place between the company of which he was
a director and another party.
The costs of the arbitration were likely to be high and there was apparently a considerable amount in issue. In fact. the form of quarantee as 1t appears in the document relates to the whole indebtedness of the company and makes no separate
mention of the costs of the arbitration.
The company had done business with the bank for some time, and had from time to time run into overdraft. The bank held security, but on the liquidation of the company after the quarantee was sianed it proved inadequate, leading to the bank taking action in the District Court under the quarantee against the present applicant. Those proceedings have been stood over and the parties have asked that if I find aqainst the applicant I should make an order for payment of an amount (being in fact larger than that sought in the District Court), so that further
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