Clarke, K.E. v. Commonwealth Bank of Australia & Anor [1988] FCA 64

IN THE FEDERAL COURT ) NOT INTENDED FOR GENERAL DISTRIBUTION OF AUSTRALIA )

WESTERN AUSTRALIA )

DISTRICT REGISTRY )

GENERAL DIVISION ) NO. WAG 155 of 1987

BETWEEN: KEVIN EDWARD CLARKE

Applicant and

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 3 FEBRUARY 1988 WHERE MADE: PERTH

THE COURT ORDERS THAT:-

COMMONWEALTH BANK OF AUSTRALIA First Respondent and - BIRDS (a firm)

Second Respondent

MINUTE OF ORDER

Paragraph 19 of the amended statement of claim be struck out to the extent that it alleges conduct by Stofer attributable to the First Respondent.

Paragraph 20 be struck out.

The applicant to pay half the costs of the First

Respondent occasioned by the amended motion.

2.

On the second respondent's motion of 1 February 1988:-

1. Sub-paragraph 22(11) and 23(iii) be struck out.

2. No order as to costs.

Note: Settlement and entry of orders is dealt with

in Order 36 of the Federal Court Rules.

™u

IN THE FEDERAL COURT OF AUSTRALIA

}) NOT INTENDED FOR GENERAL DISTRIBUTION

) WESTERN AUSTRALIA )

)

)

DISTRICT REGISTRY GENERAL DIVISION

NO. WAG 155 of 1987

BETWEEN: KEVIN EDWARD CLARKE Applicant

and

COMMONWEALTH BANK OF AUSTRALIA First Respondent

and

BIRDS (a firm)

Second Respondent

CORAM: FRENCH J. 3 FEBRUARY 1988

EX TEMPORE REASONS FOR JUDGMENT

This is a claim in which the applicant, who is a farmer, seeks relief against his bankers and his accountants pursuant to ss.52 and 82 of the Trade Practices Act and for negligence, undue influence and unconscionable conduct. His complaint is that he was led into signing documents which put him under an obligation to his bank in order to support borrowings sought by his younger brother and his younger brother's wife who were trading in

partnership as farmers.

The central allegation is that he was told by both his banker and his accountant that he would be "lending his name" to loans sought by his brother and sister-in-law and would be giving