Federal Court of Australia
TORT - negligent advice - foreign currency loan - whether duty
bank to advise.
CATCHWORODS
Trade Practices Act s.52
Esther Kullack v. Australia and New Zealand Banking Group Limited & Anor.
Qld G7 of 1987
PINCUS J. BRISBANE 4 DECEMBER 1987
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FE USTRALIA J / vA
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY )
GENERAL DIVISION
JUDGE MAKING ORDER:
BETWEEN :
DATE OF ORDER:
WHERE MADE:
QLD G7 of 1987
ES KULLACK Applicant AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
First Respondent PAUL HARWOOD Second Respondent
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Cross Claimant ESTHER KULLACK
First Cross Respondent VALERIE KULLACK
Second Cross Respondent ARMIN KULLACK
Third Cross Respondent
MINUTES OF ORDER
PINCUS J.
4 DECEMBER 1987 BRISBANE
THE COURT ORDERS THAT:
1.
2.
The application be dismissed.
Judgment be entered for the first respondent against the cross-respondents Esther Kullack and Armin Kullack in the sum of 704,320.07 Swiss
francs.
The applicant and third cross-respondent pay the costs of the respondents of and incidental to the proceedings, to be taxed.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G7 of 1987
GENERAL DIVISION
PINCUS J.
This is
ESTHER KULLACK Applicant
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED First Respondent PAUL HARWOOD
Second Respondent AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED Cross Claimant
ESTHER KULLACK
First Cross Respondent VALERIE KULLACK Second Cross Respondent
ARMIN KULLACK
Third Cross Respondent
4 DECEMBER 1987
REASONS FOR JUDGMENT
an application by a lady who borrowed Swiss
francs before the recent sharp decline in the Australian dollar;
she alleges that
the bank from which she borrowed the money
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