Federal Court of Australia
JUDGMENT No. [OT BE
CATCHWORDS
EQUITY - whether contracts of guarantee should be set aside — parents and parents-in-law liable under contract for debts of building-company — misrepresentation — unconscionable conduct — principles in Amadio's case - guarantors' difficulties with English language and lack of business acumen ~ nature of relationship between bank and customer
TRADE PRACTICES ~ whether misleading or deceptive conduct by bank
PRACTICE AND PROCEDURE — amendment to pleadings
Trade Practices Act 1974 (Cth) s.87(2){a)
The Commercial Bank of Australia Limited v. Amadio (1983) 151 C.L.R. 447
Legione v. Hateley (1983) 152 C.L.R. 406
Blomley v. Ryan (1956) 99 C.L.R. 362
Lloyd's Bank Limited v. Bundy [1975] 1 Q.B. 376
NATIONAL AUSTRALIA BANK-LIMITED v. SALVATORE NOBILE and FRANCESCA NOBILE NATIONAL AUSTRALIA BANK LIMITED v. DOMENICO MARTELLI and
CATENA MARTELLI
No. QLD G82 of 1987
Davies, Neaves and Spender JJ. 17 March 1988
Brisbane
a ee rns
annem ry =:
se pert
in bene
ere ee wae ee ee
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
CORAM: DATE: PLACE:
)
)
) No. QLD G82 of 1987 )
)
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NATIONAL AUSTRALIA BANK LIMITED Appellant AND: SALVATORE NOBILE and
FRANCESCA NOBILE
Respondents
AND BETWEEN: NATIONAL AUSTRALIA BANK LIMITED
Appellant
AND: DOMENICO MARTELLI and CATENA MARTELLI
Respondents
Davies, Neaves and Spender JJ. 17 March 1988 Brisbane
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. 2.
NOTE:
The appeal be dismissed.
The appellant pay the respondents costs of the appeal.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
ae Oa tr i
vor mae '
Roper i +t .
ma a ee
re
L.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
CORAM:
DATE:
PLACE:
No. QLD G82 of 1987
ON APPEAL FROM A SINGLE JUDGE
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate