Federal Court of Australia
JUDGMENT No. |! 4 4.
evoveseneronenesel sesndecscess
CATCHWORDS
TRADE PRACTICES - mortgage securing loan from bank - failure of mortgagors to pay interest due - mortgage documents explained to mortgagors by bank's solicitor - whether provisions of mortgage are unjust ~ whether bank or solicitor engaged in unconscionable conduct - application for order for possession.
NEGLIGENCE - advice as to meaning of mortgage documents - whether solicitor provided adequate explanation of documents.
Trade Practices Act 1974 ss 51AB, 52, 53, 55A, 60, 82 and 87. Contracts Review Act 1980 (NSW) ss 7 and 9 Real Property Act 1900 (NSW) ss 57, 58 and 60
Debbs_ v The National Bank of Australasia Ltd (1935) 53 CLR 643. Alderton and Anor v The Prudential Assurance Company Ltd (1993) 41 FCR 435.
Fox v_ Everingham and Anor (1983) 50 ALR 337.
MacIndoe v Parbery, New South Wales Court of Appeal, 17 August 1994, unreported.
Crisp vy Australia and New Zealand Banking Group (1994) ATPR 41 - 294.
Wardley Australia Ltd and Anor v The State of Western Australia {1992) 175 CLR 514.
March v EB & M H Stramare Pty Ltd and Anor (1991) 171 CLR 506. Zoneff v Elcom Credit Union Ltd (1990) 94 ALR 445 at 463.
Wongala Holdings Pty Ltd v_ Mulinglabar Pty Ltd, NSW Court of Appeal, 21 July 1995, unreported. Commonwealth Bank of Australia v Smith (1991) 43 FCR 390
RECEIVED O6FEB 1996
-DERAL CORAT OF Fe AUSTRALIA PRUNOL Al: HEGISTAY
No. NG 42 of 1993
JOSEPH ABRAM and another v BANK OF NEW ZEALAND and anothe MOORE J SYDNEY
DATE: 28 JULY 1995
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
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S if ia
THE
BETWEEN:
Moore J Sydney
28 July 1995
ww
No. NG 42 of 1993
JOSEPH ABRAM
First Applicant First Cross-Respondent
JANETTE DAWN ABRAM
Second Applicant Second Cross-Respondent BANK OF NEW ZEALAND
First Respondent Cross-Claimant
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