Westpac Banking Corporation v Paterson [2001] FCA 556

FEDERAL COURT OF AUSTRALIA

Westpac Banking Corporation v Paterson [2001] FCA 556

Real Property Act 1900 (NSW) Contracts Review Act1980 (NSW) Jurisdiction of the Courts (Cross-Vesting) Act 1987 (NSW) Westpac Banking Corporation v Paterson [1999] FCA 1254, cited Westpac Banking Corporation v Paterson [1999] FCA 1609, referred to Rochester Communications Group Pty Ltd v Adler (1996) 65 FCR 572, cited Smith v Smith (1986) 161 CLR 217, referred to Re Wakim: Ex parte McNally (1999) 163 ALR 270, referred to Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447, discussed Garcia v National Australia Bank (1998) 194 CLR 395, discussed WESTPAC BANKING CORPORATION v DAVID COLIN PATERSON and JONNIE MACLEAN STIRLING PATERSON NG 367 OF 1996 O'CONNOR J 14 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 367 OF 1996

BETWEEN: WESTPAC BANKING CORPORATION

Applicant

AND: DAVID COLIN PATERSON

First Respondent

JONNIE MACLEAN STIRLING PATERSON

Second Respondent

DAVID COLIN PATERSON

First Cross Claimant

JONNIE MACLEAN STIRLING PATERSON

Second Cross Claimant

AND: WESTPAC BANKING CORPORATION

Cross Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 14 MAY 2001

WHERE MADE: SYDNEY

THE COURT MAKES THE FOLLOWING DECLARATION: 1. That the mortgage and loan agreement in respect of 22 Barclay Road, North Rocks, New South Wales between the Applicant/Cross Respondent and the Second Respondent/Cross Claimant in this matter is void ab initio. THE COURT ALSO MAKES THE FOLLOWING ORDER: 2. That the Applicant/Cross Respondent pay the costs of the Second Respondent/Cross Claimant.

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