Federal Court of Australia
JUDGMENY "No. 430 7&8
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CATCHWORDS
CONTRACT - illegal and void contracts - gaming and wagering - contract between bank and client under which bank as agent for client may contract with itself as principal in foreign currency dealings - whether claim by client that moneys owing under such transactions are irrecoverable as wagers should be struck out as disclosing no cause of action - effect of
particular agreement between the parties.
Gaming and Betting Act 1912 (NSW) s.16
KENNETH JAMES AYLWARD and STAR HOLDINGS (QLD) PTY LTD v WESTPAC BANKING CORPORATION
No. G 210 of 1988
Woodward, Lockhart and Hartigan JJ 8 August 1988 Brisbane
IN THE FEDERAL COURT OF AUSTRALIA)
QUEENSLAND DISTRICT REGISTRY No. G 210 of 1988
wee we
GENERAL DIVISION
BETWEEN:
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
KENNETH JAMES AYLWARD
First Appellant
and
STAR HOLDINGS (QLD) PTY LTD
Second Appellant and
WESTPAC BANKING CORPORATION
Respondent
MINUTES OF ORDER
COURT: Woodward, Lockhart and Hartigan JJ
DATE: 8 August 1988
PLACE: Brisbane
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The orders of the learned primary Judge striking out paragraphs 16 and 17 of the amended statement of claim and awarding
Westpac Banking Corporation the costs of that
motion be set aside.
3. The respondent pay the appellants' costs of this appeal and of the notice of motion filed
on 12 April 1988.
Note: 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 } No. G 210 of 1988 )
GENERAL DIVISION )
BETWEEN:
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
KENNETH JAMES AYLWARD
First Appellant and
STAR HOLDINGS (QLD) PTY LTD
Second Appellant
and
WESTPAC BANKING CORPORATION
Respondent
COURT: Woodward, Lockhart and Hartigan JJ
DATE: 8 August 1988
PLACE: Brisbane
REASONS FOR JUDGMENT
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