Anderson, M.A. v Westpac Banking Corporation [1987] FCA 147

CATCHWORDS

TRADE PRACTICES - mortgage by way of guarantee - duty of mortgagee bank - applicant mortgagor wife of solicitor co-mortgagor - not

setting documented transactions aside lightly.

Trade Practices Act 1974 ss.52

Margaret Anne Anderson

v. Westpac Banking Corporation Qid G85 of 1986

PINCUS J. BRISBANE. 31 MARCH 1987

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FEDERAL COUR AUSTRALIA"

PRINCIPA| REGISTRY

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G85 of 1986 GENERAL DIVISTON )

BETWEEN: MARGARET ANNE ANDERSON . Applicant

AND: WESTPAC BANKING CORPORATION

First Respondent

AND: JOHN KENNETH PROVAN

Second Respondent

AND: VIDEO MAGIC PITY. LIMITED

Third Respondent

AND: JAMES OUTRAM ANDERSON

Fourth Respondent

AND: ALISTATR NOEL CLARK

Fifth Respondent

AND: RAYMOND ANTHONY SMYTH

Sixth Respondent

AND: ALISTAIR NOEL CLARK

Cross Claimant

AND: JAMES OUTRAM ANDERSON

Cross Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 31 MARCH 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicant's claims against all of the respondents be dismissed;

2. There be judgment for the lst respondent:

(i) on its claim against the applicant and against the 3rd, 4th, 5th and 6th respondents in the sum of one hundred and three thousand, four hundred and eighty-two dollars and eighty-six cents ($103,482.86); and

we

(il) against the applicant and the 4th respondent for delivery of the land the subject of Bill of Mortgage Registered Number C453857 within 28 days of the date hereof;

all questions as to the,costs of the lst and 2nd respondents be reserved;

the applicant and the 4th respondent pay the costs of the 5th respondent of and incidental to the proceedings, limited to four days' hearing and excluding any costs relating to the 5th respondent's cross-claim against the 4th respondent;

the applicant and 4th respondent pay the costs of the 6th respondent of and incidental to the proceedings, if any;