Lyritzis, A. & Anor v. Westpac Banking Corporation [1994] FCA 812

JUDGMENT Now ue 22 snal wnt ne

CATCHWORDS Consumer Protection - Trade Practices - Misleading or

Deceptive Conduct - bank manager advising opal dealer in the

field that a bank cheque was "as good as cash" - bank cheque was a forgery on a stolen bank cheque form - whether misleading or deceptive conduct - whether negligent

misstatement --whether reliance upon the advice.

Trade Practices Act 1974, ss.52, 82

Matter No. SG 54 of 1992

ATHANASIOS LYRITZIS and JANELLE RONDA LYRITZIS v WESTPAC BANKING CORPORATION

VON DOUSSA J

ADELAIDE

RECEIVED ~7 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

4 NOVEMBER 1994

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIAN DISTRICT REGISTRY

GENERAL DIVISION No. SG 54 of 1992

BETWEEN:

ATHANASIOS LYRITZIS and JANELLE RONDA LYRITZIS

Applicants AND:

WESTPAC BANKING CORPORATION

Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER s VON DOUSSA J. WHERE MADE $ ADELAIDE DATE OF ORDER 3 4 NOVEMBER 1994

THE COURT ORDERS THAT: 1. Judgment for the applicants for $259,464.86.

2. Respondent to pay the applicants' costs to be taxed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) )

GENERAL DIVISION No. SG 54 of 1992

BETWEEN:

ATHANASIOS LYRITZIS and JANELLE RONDA LYRITZIS

Applicants AND:

WESTPAC BANKING CORPORATION

Respondent. REASONS FOR JUDGMENT

Coram: von Doussa J. Place: Adelaide Date : 4 November 1994

This is a claim for $170,000 damages plus compound interest alleged to be the loss of the applicants, Mr and Mrs Lyritzis, resulting from misleading and deceptive conduct in trade or commerce, and negligent misstatement, by Robin Ernest

Pearson who at material times was the manager of the Coober

Pedy branch of the respondent Bank.

The applicants carried on business from Coober Pedy in partnership as opal miners and opal dealers. They allege that in reliance upon oral advice given by Mr Pearson on or about Thursday 29 August 1991 Mr Lyritzis accepted four bank cheques purportedly drawn on the ANZ Bank, Dandenong Area Branch, Victoria, from an interstate buyer who was unknown to him in exchange for delivery of cut opals. The pleadings allege that shortly before completion of the transaction Mr Pearson told