Nobile, S. & Anor v The National Australia Bank Ltd [1987] FCA 217

CATCEWORDS

CONTRACT OF GUARANTEE - executed over bank account of building

company ~ guarantors being principals of company and their parents and parents-in-law - application to set aside guarantee and a supporting mortgage - claim by bank for all monies due under guarantee - claims by co-guarantors against each other for contribution in the event of liability - whether certain representations made by the bank ~- whether such representations were misleading or deceptive ~- whether bank guilty of unconscionable dealing when entering guarantee.

Trade Practices Act 1974 s.52(1), 87(2){(a)

Blomley v. Ryan (1956) 99 C.L.R. 362.

Commercial Bank of Australia Ltd v. Amadio (1983)

151 C.L.R. 447

Hamilton v. Watson (1845) 12 cl. & F. 109

Jones v. Acfold Investments Pty Ltd (1985) 59 A.L.R. 447

Rhone-Poulenc Agrochimie S.A. v. U.I.M. Chemical Services Pty Ltd (1986) 68 A.L.R. 77.

Steinberg v. Commissioner of Taxation (1975) 134 C.L.R. 640.

SALVATORE NOBILE & FRANCESCA NOBILE v. THE NATIONAL AUSTRALIA BANK LIMITED QLD. G22 OF 1986

Jackson J llth May 1987

Sydney

o PRINCIPA| ' REGISTAY

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY )

GENERAL DIVISION

BETWEEN

AND

AND

AND

AND

AND

AND

AND

AND

AND

) No. OLD. G22 of 1986

SALVATORE NOBILE and FRANCESCA NOBILE Applicants

THE NATIONAL AUSTRALIA BANK Respondent

THE NATIONAL AUSTRALIA BANK LIMITED Cross Claimant

SALVATORE NOBILE and FRANCESCA NOBILE Cross Respondents

DOMENICO MARTELLI Pirst Third Party

CATENA MARTELLI Second Third Party

DOMENICO MARTELLI and CATENA MARTELLI Cross Claimants

THE NATIONAL AUSTRALIA BANK LIMITED First Cross Respondents

SALVATORE NOBILE and FRANCESCA NOBILE Second Cross Respondents

THE NATIONAL AUSTRALIA BANK LIMITED

Cross Claimant

DOMENICO MARTELLI and CATENA MARTELLI

Cross Respondents

CORAM: PLACE: DATE:

10.

NOTE:

JACKSON J Sydney lith May 1987