Westpac Banking Corp v Cockerill, Graham Douglas & Ors [1998] FCA 43

FEDERAL COURT OF AUSTRALIA CONTRACT - Duress - Unconscionable Dealing - element of "illegitimacy" of threat and pressure in duress - whether can be unconscionable dealing associated with antecedent transaction - foreign currency transaction - customers induced to enter into it by conduct of bank - bank's threat to appoint receiver and manager if customers do not sign release of any claim or cause of action against bank - customers sign - whether signature of release result of duress. PRACTICE AND PROCEDURE - use to be made of admission made for purpose of hearing of separate question - construction of admission in sense different from that intended by admitting party who makes this clear - construction adopted different from that understood by parties - miscarriage of trial. Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 (Considered) Barton v Armstrong [1976] AC 104 (Considered) Dimskal Shipping Co SA v International Transport Workers' Federation [1992] 2 AC 152 (Considered) Universe Tankships Inc of Monrovia v International Transport Workers' Federation [1983] 1 AC 366 (Considered) CTN Cash & Carry Ltd v Gallaher [1994] 4 All ER 714 (Considered) Commercial Bank of Australia v Amadio (1983) 151 CLR 447 (Considered) Pao On v Lau Yiu Long [1980] AC 614 (Considered) Smith v William Charlick Ltd (1924) 34 CLR 38 (Considered) WESTPAC BANKING CORPORATION v GRAHAM DOUGLAS COCKERILL, ARTHUR THOMAS DINGLE and VALERIE DINGLE No QG 13 of 1997 NORTHROP, LINDGREN, KIEFEL JJ BRISBANE 6 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 13 of 1997

on appeal from a judge of the federal court of australia

BETWEEN: WESTPAC BANKING CORPORATION

APPELLANT

AND: GRAHAM DOUGLAS COCKERILL, ARTHUR THOMAS DINGLE and VALERIE DINGLE