Radin, Vladimirka v Commonwealth Bank of Australia Radin, Judith v Commonwealth Bank of Australia Radin, Michael v Commonwealth Bank of Australia [1998] FCA 1361

FEDERAL COURT OF AUSTRALIA CONTRACT – third party mortgages given over time to bank by former solicitor and his wife as security for loans to them in connection with progressive purchase of portfolio of real estate and for financial accommodation to him for his legal practice – funding by bank of advances by solicitor for his clients' disbursements – also mortgage by solicitor and his mother over townhouse occupied by her and later by them, as security for loan by bank for its acquisition and for financial accommodation to him for his legal practice – wife and mother seeking setting aside of mortgages for breach of duty of disclosure and unconscionable dealing by bank and pursuant to Contracts Review Act 1980 (NSW) - wife also relying on Yerkey v Jones (1939) 63 CLR 649 as explained in Garcia v National Australia Bank Ltd (1998) 155 ALR 614– cross-claims by bank for possession of security properties and money judgments against solicitor, wife and mother – discussion and application of general principles. Trade Practices Act 1974 (Cth) s 52 Fair Trading Act 1987 (NSW) s 42 Contracts Review Act 1980 (NSW) s 9 Commercial Bank of Australia v Amadio (1983) 151 CLR 447, applied Yerkey v Jones (1939) 63 CLR 649, applied Garcia v National Australia Bank Ltd (1998) 155 ALR 614, applied Falinski v Commonwealth Bank of Australia (unreported, NSW CA, 6 February 1998), discussed

VLADIMIRKA RADIN v COMMONWEALTH BANK OF AUSTRALIA

NG 984 of 1995

JUDITH RADIN v COMMONWEALTH BANK OF AUSTRALIA NG 985 of 1995

MICHAEL RADIN v COMMONWEALTH BANK OF AUSTRALIA NG 437 of 1996

LINDGREN J SYDNEY 23 OCTOBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 984 of 1995

BETWEEN: VLADIMIRKA RADIN

Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

Respondent