Federal Court of Australia
~ JUDGMENT No.. 393/.8%._.
CATCHWORDS
Trade practices (consumer protection) - negligent advice - banker and customer - borrowing by customer in Swiss francs - substantial decline in value of Australian dollar with consequent increase in customer's liability - alleged misrepresentations by bank concerning nature and effect of transaction - alleged failure by bank to advise customer of risks involved in transaction and to hedge against possible fall in value of doliar
- questions at issue questions of fact rather than principle.
Trade Practices Act, ss. 52, 53
ESTHER KULLACK v. AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
No. QG300 of 1987 fh OS
Coram: Fox, Sheppard and Beaumont JJ.
Date
8 July 1988
Place: Sydney
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION
No. QG300 of 1987
ee eens
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: ESTHER KULLACK
Appellant AND:
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
First Respondent
PAUL HARWOOD
Second Respondent
MINUTES OF ORDER
JUDGES MAKING ORDER
DATE OF ORDER
WHERE MADE
THE COURT ORDERS THAT: —
1. The appeal be dismissed.
2. The appellant pay to the
appeal.
NOTE:
Settlement and entry
of the Federal Court
Fox, Sheppard and Beaumont JJ.
8 July 1988
Sydney
respondents their costs of the
of orders is dealt with in Order 36
Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No.QG300 of 1987 ) )
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ESTHER KULLACK
Appellant AND:
AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
First Respondent PAUL HARWOOD
Second Respondent
CORAM: FOX, SHEPPARD and BEAUMONT JJ.
DATE : 8 JULY 1988
REASONS FOR JUDGMENT
THE COURT: This 18 an appeal from a judgment of a single judge of this Court (Pincus J.) in which his Honour dismissed a claim brought by the appellant, Mrs. Kullack, against the respondents. The causes of action upon which Mrs. Kullack relied were breaches
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